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A&L 1664 LLC v. JASPAR HOSPITALITY LLC

Index No. 158896/20. Appeal No. 15075. Case No. 2021-01800.

201 A.D.3d 512 (2022)

157 N.Y.S.3d 359

2022 NY Slip Op 00264

A&L 1664 LLC et al., Appellants, v. Jaspar Hospitality LLC, Respondent.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Law Office of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for appellants.

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

Although an order issued by a court sua sponte is not appealable as of right (CPLR 5701[a][2]), we deem plaintiffs' notice of appeal a motion for leave to appeal from that part of the order, and grant leave (see CPLR 5701[c]; Ray v Chen, 148 A.D.3d 568 [1st Dept 2017]).

The motion court erred in sua sponte dismissing the complaint on the ground that this action was a landlord-tenant dispute that should have been brought...

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