CASTLE VILLAGE OWNERS CORP v. GIRARDI (2025)

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

CASTLE VILLAGE OWNERS CORP., Plaintiff–Respondent, v. Guillermina GIRARDI, Defendant–Appellant.

4123

Decided: April 15, 2025

Kern, J.P., Gesmer, Mendez, O'Neill Levy, Michael, JJ.

Guillermina Girardi, appellant pro se. Seyfarth Shaw LLP, New York (Kristin Pendergrass of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Lyle E. Frank, J.), entered May 23, 2024, which refused to sign defendant's proposed order to show cause, unanimously dismissed, without costs, as taken from a nonappealable paper.

Defendant purports to appeal from Supreme Court's refusal to sign her order to show cause, which sought to vacate a prior order granting plaintiff's motion for preliminary injunctive relief. However, no appeal lies from an order refusing to sign an order to show cause, as it is an ex parte order that does not decide a motion made on notice (CPLR 5701[a][2]; see Schwartz v. Noll, 191 A.D.3d 567, 567, 138 N.Y.S.3d 861 [1st Dept. 2021], lv dismissed 39 N.Y.3d 948, 177 N.Y.S.3d 546, 198 N.E.3d 789 [2022]).

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