Atlantic Hudson Realty, Inc. v. Rhodes

Appellate Division of the Supreme Court of New York

Atlantic Hudson Realty, Inc. v. Rhodes

297 A.D.2d 300, 746 N.Y.2d 259, 746 N.Y.S.2d 259, 2002 N.Y. App. Div. LEXIS 7943

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

DecidedAugust 12, 2002

StatusPublished

This text of 297 A.D.2d 300 (Atlantic Hudson Realty, Inc. v. Rhodes) 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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Atlantic Hudson Realty, Inc. v. Rhodes, 297 A.D.2d 300, 746 N.Y.2d 259, 746 N.Y.S.2d 259, 2002 N.Y. App. Div. LEXIS 7943 (N.Y. Ct. App. 2002).

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Opinion

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 the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).

The plaintiff Brian G. Nelson was entitled to his commission since there was no admissible proof adduced at the trial to support the defendant’s bare assertion that Nelson shared his commission with the buyers of the defendant’s house. In any event, the defendant failed to show that he suffered any damages (see Douglas Holly, Inc. v Rice, 161 AD2d 560).

The defendant’s remaining contentions are either without merit or need not be reached in light of our determination. Florio, J.P., S. Miller, Townes and Cozier, JJ., concur.

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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 the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).

The plaintiff Brian G. Nelson was entitled to his commission since there was no admissible proof adduced at the trial to support the defendant’s bare assertion that Nelson shared his commission with the buyers of the defendant’s house. In any event, the defendant failed to show that he suffered any damages (see Douglas Holly, Inc. v Rice, 161 AD2d 560).

The defendant’s remaining contentions are either without merit or need not be reached in light of our determination. Florio, J.P., S. Miller, Townes and Cozier, JJ., concur.

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Bluebook (online)

297 A.D.2d 300, 746 N.Y.2d 259, 746 N.Y.S.2d 259, 2002 N.Y. App. Div. LEXIS 7943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-hudson-realty-inc-v-rhodes-nyappdiv-2002.

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