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Valentina Glebova v. Wholesale Auto Group

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


April 26, 2011

VALENTINA GLEBOVA,
APPELLANT,
v.
WHOLESALE AUTO GROUP, INC.,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 8, 2009.

Glebova v Wholesale Auto Group, Inc.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 26, 2011

PRESENT: PESCE, P.J., WESTON and GOLIA, JJ.

The order, insofar as appealed from, dismissed the complaint without prejudice.

ORDERED that the appeal is dismissed.

In this action, plaintiff seeks to recover the principal sum of $22,950 for defendant's allegedly defective repairs and its failure to return plaintiff's property. It appears from the record that, at a settlement conference on January 8, 2009, the Civil Court issued an order, which, among other things, dismissed the complaint without prejudice.

The appeal from the order is dismissed on the ground that the order did not determine a motion made upon notice and is not appealable as of right (see CCA 1702 [a] [2]; see also CPLR 2211), and, in the absence of an adequate record, we decline to grant leave to appeal from the order. Plaintiff, if she be so advised, may move in the Civil Court to set aside the order.

Pesce, P.J., Weston and Golia, JJ., concur.

Decision Date: April 26, 2011

20110426

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