FELLNER v. MORIMOTO


52 A.D.3d 352 (2008)

862 N.Y.S.2d 349

DONALD G. FELLNER, Appellant, v. MASAHARU MORIMOTO, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 17, 2008.


We reject defendant's contention that no appeal lies from the subject order since the denial of plaintiff's motion seeking, inter alia, leave to amend his complaint is appealable as it "affects a substantial right" (CPLR 5701 [a] [2] [v]). Nor does the court's order constitute, as defendant suggests, an advisory opinion. Although plaintiff could have sought leave to renew its motion once the decision on the subsequent summary judgment motions was rendered, this does not lead...

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