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WORLD GLOBAL CAPITAL, LLC v. SAHARA REST. CORP.

2020-01504. Index No. 504732/18.

219 A.D.3d 553 (2023)

194 N.Y.S.3d 261

2023 NY Slip Op 04156

World Global Capital, LLC, Doing Business as Fortress Advance, Appellant, v. Sahara Restaurant Corp., Doing Business as Sahara Restaurant, et al., Defendants. Capital Stack, LLC, Nonparty Respondent.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Murray Legal, PLLC, Mineola, NY ( Christopher R. Murray of counsel), for appellant.

The Rubin Law Firm, PLLC, New York, NY ( Jonathan Samon of counsel), for nonparty-respondent.

Connolly, J.P., Chambers, Wooten and Warhit, JJ., concur.

Appeal by the plaintiff from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated December 13, 2019. The order, sua sponte, converted that branch of the motion of nonparty Capital Stack, LLC, which was for a preliminary injunction into a special proceeding pursuant to CPLR 5239, and, thereupon, granted that branch of the motion.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, converted that branch...

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