Atlantic Hudson Realty, Inc. v. Rhodes

Appellate Division of the Supreme Court of New York

Atlantic Hudson Realty, Inc. v. Rhodes

271 A.D.2d 558, 707 N.Y.S.2d 845, 2000 N.Y. App. Div. LEXIS 4313

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 2000·Published·Cited by 2 cases

Opinion

—In an action to recover a real estate broker’s commission, the defendant appeals from an order of the Supreme Court, Rockland County (Berger-man, J.), entered April 12, 1999, which denied the plaintiffs’ motion for summary judgment on the complaint and for summary judgment dismissing his counterclaims.

Ordered that the appeal is dismissed, without costs or disbursements, as the defendant is not aggrieved by the order.

Because the order entered April 12, 1999, afforded the defendant the full relief sought in opposition to the plaintiffs’ motion, i.e., a denial of that motion, he may not appeal from the order. This is so even though the defendant disagrees with the Supreme Court’s particular findings (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 545). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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—In an action to recover a real estate broker’s commission, the defendant appeals from an order of the Supreme Court, Rockland County (Berger-man, J.), entered April 12, 1999, which denied the plaintiffs’ motion for summary judgment on the complaint and for summary judgment dismissing his counterclaims.

Ordered that the appeal is dismissed, without costs or disbursements, as the defendant is not aggrieved by the order.

Because the order entered April 12, 1999, afforded the defendant the full relief sought in opposition to the plaintiffs’ motion, i.e., a denial of that motion, he may not appeal from the order. This is so even though the defendant disagrees with the Supreme Court’s particular findings (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 545). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

Atlantic Hudson Realty, Inc. v. Rhodes, 271 A.D.2d 558, 707 N.Y.S.2d 845, 2000 N.Y. App. Div. LEXIS 4313 (N.Y. Ct. App. 2000).

Pincite

271 A.D.2d 558 (Atlantic Hudson Realty, Inc. v. Rhodes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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