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SHELL v. KONE ELEVATOR CO.

2010-11543

90 A.D.3d 890 (2011)

935 N.Y.S.2d 132

2011 NY Slip Op 9304

VIRGINIA SHELL, Respondent, v. KONE ELEVATOR CO., Appellant, et al., Defendant.

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

Decided December 20, 2011.

Ordered that on the Court's own motion, the defendant's notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]; Berger v Fornari, 12 A.D.3d 389 [2004]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant Kone Elevator Co. which was to strike the plaintiff...

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