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DIAZ v. JADAN

12288, 21100/11

116 A.D.3d 600 (2014)

984 N.Y.S.2d 55

2014 NY Slip Op 2721

RUBEN DIAZ, Appellant, v. LUIS JADAN, Respondent, et al., Defendant.

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

Decided April 22, 2014.

Contrary to defendant's contention, the order is appealable as of right because the denial of the motion, even with leave to renew, affects a "substantial right" of plaintiff (CPLR 5701 [a] [v]; Moleon v Kreisler Borg Florman Gen. Constr. Co., 304 A.D.2d 337 [1st Dept 2003]).

On the merits, the court correctly denied plaintiff's motion for summary judgment on the issue of liability...

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