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GRGUROVIC v. CONTROLLED COMBUSTION COMPANY

4674, 6539/98.

82 A.D.3d 669 (2011)

919 N.Y.S.2d 337

MILE GRGUROVIC et al., Appellants, v. CONTROLLED COMBUSTION COMPANY et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided March 31, 2011.

Because the judgment sought to be appealed did not result from an order deciding a motion "made upon notice" as contemplated by CPLR 5701 (a) (2), it is not appealable as of right (see Jun-Yong Kim v A&J Produce Corp., 15 A.D.3d 251, 252 [2005]). However, we deem the notice of appeal a motion for leave to appeal pursuant to CPLR 5701 (c), and we grant the motion (see id.).

On the merits, the court providently...

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