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GROSS v. 141-30 84TH ROAD APARTMENT OWNERS CORP.

5271N, 600056/08, 5272N.

85 A.D.3d 447 (2011)

924 N.Y.S.2d 383

2011 NY Slip Op 4746

JACK GROSS, Respondent, v. 141-30 84TH ROAD APARTMENT OWNERS CORP. et al., Appellants.

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

Decided June 7, 2011.

Although Supreme Court's order was not appealable as of right because it did not decide a motion made on notice (see CPLR 5701 [a] [2]), in the interest of judicial economy, we nostra sponte deem the notice of appeal a motion for leave to appeal and grant the motion (see CPLR 5701 [c]; Winn v Tvedt, 67 A.D.3d 569 [2009]).

Supreme Court erred in granting plaintiff's application, since plaintiff failed to show...

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