Bonnie P. Josephs, Plaintiff–Appellant, v. Daniel Hilpert, Defendant–Respondent. (2022)

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

Bonnie P. Josephs, Plaintiff–Appellant, v. Daniel Hilpert, Defendant–Respondent.

Index No. 652616 /19

Decided: September 29, 2022

Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

Bonnie P. Josephs, appellant pro se.

Daniel Hilpert, respondent pro se.

Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered June 3, 2021, which, to the extent appealed from, upon denying defendant's motion for summary judgment dismissing the complaint, declined to grant plaintiff summary judgment upon a search of the record, unanimously dismissed, without costs.

As plaintiff's request for summary judgment upon a search of the record was not by motion made upon notice, the order denying that relief, to the extent appealed from, is unappealable as of right (see CPLR 5701[a][2]; Picken v. RN Realty LLC, 203 AD3d 521 [1st Dept 2022] ).

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