Altmajer v. Morley

Appellate Division of the Supreme Court of New York

Altmajer v. Morley

274 A.D.2d 364, 711 N.Y.S.2d 752

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

DecidedJuly 3, 2000

StatusPublished

This text of 274 A.D.2d 364 (Altmajer v. Morley) 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.

Bluebook

Altmajer v. Morley, 274 A.D.2d 364, 711 N.Y.S.2d 752 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for wrongful death, the defendants appeal from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated April 12, 1996, as granted the plaintiffs’ motion for partial summary judgment on the issue of liability.

Ordered that the appeal from the order is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]; see, Altmajer v Morley, 274 AD2d 364 [decided herewith]). Santucci, J. P., Joy, Florio and Luciano, JJ., concur.

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—In an action to recover damages for wrongful death, the defendants appeal from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated April 12, 1996, as granted the plaintiffs’ motion for partial summary judgment on the issue of liability.

Ordered that the appeal from the order is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]; see, Altmajer v Morley, 274 AD2d 364 [decided herewith]). Santucci, J. P., Joy, Florio and Luciano, JJ., concur.

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Bluebook (online)

274 A.D.2d 364, 711 N.Y.S.2d 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altmajer-v-morley-nyappdiv-2000.

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