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558 SEVENTH AVE. CORP. v. TIMES SQ. PHOTO INC.

Index No. 653090/20. Appeal No. 13889. Case No. 2021-00177.

194 A.D.3d 561 (2021)

2021 NY Slip Op 03244

558 Seventh Ave. Corp. et al., Appellants, v. Times Square Photo Inc. et al., Respondents.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Borah Goldstein Altschuler Nahins & Goidel PC, New York ( Paul N. Gruber of counsel), for appellants.

Law Office of Gary S. Fish, New York ( Gary S. Fish of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

Although the sua sponte dismissal of the action is not appealable as of right (CPLR 5701[a][2]), we deem the notice of appeal from that portion of the order to be a motion for leave to appeal, and grant such leave (see Ray v Chen, 148 A.D.3d 568 [1st Dept 2017]). As Supreme Court has general jurisdiction and plaintiff's monetary claims exceed Civil Court's $25,000 jurisdictional threshold (NY Const, art VI, §§ 7, 15[b]...

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