TAXI TOURS INC v. LLC (2026)

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

TAXI TOURS, INC., Plaintiff/Counterclaim Defendant–Respondent, v. GO NEW YORK TOURS INC., Defendant/Counterclaim Plaintiff–Appellant, Big Bus Tours Limited, et al., Counterclaim Defendants, Open Top Sightseeing USA, Inc., Counterclaim Defendant–Respondent, Go City North America, LLC, et al., Counterclaim Defendants–Respondents.

5509

Decided: January 06, 2026

Renwick, P.J., Manzanet–Daniels, Gesmer, Higgitt, Michael, JJ.

Barton LLP, New York (Maurice N. Ross of counsel), for appellant. Olshan Frome Wolosky LLP, New York (Peter M. Sartorius of counsel), for Taxi Tours, Inc., Open Top Sightseeing USA, Inc., Go City North America, LLC, and Go City, Inc., respondents. Gordon Rees Scully & Mansukhani LLP, Harrison (Kerry K. Jardine of counsel), for Gray Line New York Tours, Inc., Twin America, LLC, and Sightseeing Pass, LLC, respondents.

Appeal from order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered July 10, 2024, which, after consideration of the parties’ joint letter outlining their discovery dispute, as per the court's individual Part Rules, sua sponte ordered that certain discovery requested by defendant/counterclaim plaintiff Go New York Tours, Inc. (Go NY) was not material and necessary to its counterclaims, and sustained defendants’ objections to producing such documents, unanimously dismissed, without costs, as taken from a nonappealable order.

There is no right of appeal from an order entered sua sponte (see Reyes v. Sequeira, 64 A.D.3d 500, 507–508, 883 N.Y.S.2d 494 [1st Dept. 2009]). If Go N.Y. had moved to vacate the sua sponte order pursuant to CPLR 5701(a)(3) and the motion had been denied, then Go N.Y. would have been entitled to appeal as of right (see Sholes v. Meagher, 100 N.Y.2d 333, 335, 763 N.Y.S.2d 522, 794 N.E.2d 664 [2003]; Person v. Einhorn, 44 A.D.3d 363, 365, 841 N.Y.S.2d 869 [1st Dept. 2007]).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network