33-24 N. Blvd., LLC v Mesumi Corp., 2015 NY Slip Op 00525 [124 AD3d 762]

January 21, 2015

Appellate Division, Second Department

[*1]

33-24 Northern Blvd., LLC, Appellant,

v

Mesumi Corp. et al., Respondents.

Sipsas, P.C., Astoria, N.Y. (Ioannis P. Sipsas of counsel), for appellant.

Barry, McTiernan & Moore LLC, New York, N.Y. (Laurel A. Wedinger of counsel), for respondent Mesumi Corp.

Baron Law Firm, PLLC, East Northport, N.Y. (John Sordi of counsel), for respondent Valdrin Construction.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 4, 2014, as granted the oral application of the defendant Valdrin Construction Corp. to disqualify the plaintiff’s counsel.

Ordered that the appeal is dismissed, with costs.

The order dated March 4, 2014, is not appealable as of right, as it did not decide a motion made on notice ( see CPLR 5701). No application was made for permission to appeal and, under the circumstances of this case, where the record is inadequate to determine the appeal on the merits, we decline to grant leave to appeal ( see HSBC Mtge. Servs., Inc. v James , 88 AD3d 651 [2011]). Chambers, J.P., Miller, Duffy and LaSalle, JJ., concur..