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DOE v. MATTA (2025)

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

“John DOE”, Plaintiff-Appellant, v. Raymond MATTA, Defendant-Respondent.

5024

Decided: October 23, 2025

Manzanet–Daniels, J.P., Moulton, Scarpulla, González, Michael, JJ.

The Wilder Law Firm, New York (Nicholas J. Wilder of counsel), for appellant. Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Nicholas Tam of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about July 15, 2024, which, to the extent appealed from as limited by the briefs, granted defendant's motion to strike certain factual allegations from the complaint pursuant to CPLR 3024(b), unanimously dismissed, without costs.

Denial of a motion to strike allegations pursuant to CPLR 3024(b) is not appealable as of right (CPLR 5701[b][3]).  Accordingly, the appeal is dismissed (see IDX Capital, LLC v. Phoenix Partners Group LLC, 72 A.D.3d 576, 576, 898 N.Y.S.2d 845 [1st Dept. 2010]).  Given that defendant has raised the question of appealability, we do not reach the issue of whether the motion court providently exercised its discretion in striking certain portions of the complaint (see Davis v. Richmond Capital Group, LLC, 194 A.D.3d 516, 518, 150 N.Y.S.3d 2 [1st Dept. 2021]).

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DOE v. MATTA (2025)

Docket No: 5024

Decided: October 23, 2025

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

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