Bork v. City of New York

2 Citing cases

  1. Thorne v. Grubman

    14 A.D.3d 433 (N.Y. App. Div. 2005)   Cited 2 times

    Initially, the appeal is properly taken from an appealable paper. While the original decision made on the telephone was not appealable as of right because it did not decide a motion on notice (CPLR 5701 [a] [2]; see Bork v. City of New York, 237 AD2d 218), it is brought up for review by plaintiff's appeal from the denial of her subsequent motion for a further deposition (CPLR 5701 [a] [3]; see Sholes v. Meagher, 100 NY2d 333; Everitt v. Health Maintenance Ctr., 86 AD2d 224, 227).

  2. McHenry v. 1020 Park Ave., Inc.

    249 A.D.2d 110 (N.Y. App. Div. 1998)   Cited 1 times

    Appeal from the Supreme Court, New York County (Alice Schlesinger, J.). The subject preliminary conference order is nonappealable ( Bork v. City of New York, 237 A.D.2d 218). Were we to consider the merits, we would affirm the denial of the depositions appellant seeks for the reasons stated by the conference court, and affirm the denial of the further bill of particulars appellant seeks, since the matters sought have already been furnished in the original complaint against the other defendants. We have considered appellant's other claims and find them to be without merit.