JAKCO INC. v. FIORE


285 A.D.2d 582 (2001)

727 N.Y.S.2d 914

JAKCO INC. et al., Appellants, v. JOAN FIORE et al., Respondents.

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

Decided July 23, 2001.


Ordered that on the Court's own motion, that portion of the notice of appeal which purports to appeal as of right from so much of the order as sua sponte dismissed the complaint, is deemed to be a motion for leave to appeal from that portion of the order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not err in denying the plaintiffs...

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