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ALICEA v. LIGOURI

54 A.D.3d 784 (2008)

864 N.Y.S.2d 462

NILDA ALICEA, Appellant, v. L. LIGOURI, Respondent.

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

September 16, 2008.

Ordered that on the Court's own motion, the plaintiff's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the oral application which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, the complaint is reinstated, and a new trial is granted, with...

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