336 Fourth Street Corp. v. Foxfire Enterprises, Inc.

Appellate Division of the Supreme Court of New York

336 Fourth Street Corp. v. Foxfire Enterprises, Inc.

154 A.D.2d 527

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 16, 1989

StatusPublished

This text of 154 A.D.2d 527 (336 Fourth Street Corp. v. Foxfire Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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336 Fourth Street Corp. v. Foxfire Enterprises, Inc., 154 A.D.2d 527 (N.Y. Ct. App. 1989).

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Opinion

— In an action, inter alia, to foreclose a mortgage, the defendant Foxfire Enterprises, Inc., appeals from an order of the Supreme Court, Kings County (Held, J.), dated October 25, 1988, which denied its motion to vacate a prior order of the same court entered August 4, 1987, which, upon its default, inter alia, granted the plaintiffs motion for appointment of a Referee to compute the amount due on the mortgage.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order dated October 25, 1988 must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment dated March 20, 1989 (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are reviewable upon appeal from the judgment (CPLR 5501 [a] [1]). Kooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.

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— In an action, inter alia, to foreclose a mortgage, the defendant Foxfire Enterprises, Inc., appeals from an order of the Supreme Court, Kings County (Held, J.), dated October 25, 1988, which denied its motion to vacate a prior order of the same court entered August 4, 1987, which, upon its default, inter alia, granted the plaintiffs motion for appointment of a Referee to compute the amount due on the mortgage.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order dated October 25, 1988 must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment dated March 20, 1989 (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are reviewable upon appeal from the judgment (CPLR 5501 [a] [1]). Kooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.

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154 A.D.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/336-fourth-street-corp-v-foxfire-enterprises-inc-nyappdiv-1989.

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