Barnes v. Oceanus Navigation Corp.

Appellate Division of the Supreme Court of New York

Barnes v. Oceanus Navigation Corp.

21 A.D.3d 975, 800 N.Y.S.2d 850

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

DecidedSeptember 19, 2005

StatusPublished

This text of 21 A.D.3d 975 (Barnes v. Oceanus Navigation Corp.) 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

Barnes v. Oceanus Navigation Corp., 21 A.D.3d 975, 800 N.Y.S.2d 850 (N.Y. Ct. App. 2005).

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Opinion

In an action, inter alia, to determine the right, title, and interest to certain real property, the defendant appeals from (1) a decision of the Supreme Court, Westchester County (Murphy, J.), entered March 11, 2003, and (2) a judgment of the same court dated July 15, 2003, which, after a nonjury trial, directed the defendant to transfer title to the certain real property to the plaintiffs.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the appeal from the judgment dated July 15, 2003, is dismissed as academic, without costs or disbursements, as that judgment was vacated by an order and judgment (one paper) of the same court entered February 27, 2004 (see Barnes v Oceanus Nav. Corp., Ltd., 21 AD3d 975 [2005] [decided herewith]). Crane, J.P., Santucci, Luciano and Skelos, JJ., concur.

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In an action, inter alia, to determine the right, title, and interest to certain real property, the defendant appeals from (1) a decision of the Supreme Court, Westchester County (Murphy, J.), entered March 11, 2003, and (2) a judgment of the same court dated July 15, 2003, which, after a nonjury trial, directed the defendant to transfer title to the certain real property to the plaintiffs.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the appeal from the judgment dated July 15, 2003, is dismissed as academic, without costs or disbursements, as that judgment was vacated by an order and judgment (one paper) of the same court entered February 27, 2004 (see Barnes v Oceanus Nav. Corp., Ltd., 21 AD3d 975 [2005] [decided herewith]). Crane, J.P., Santucci, Luciano and Skelos, JJ., concur.

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Bluebook (online)

21 A.D.3d 975, 800 N.Y.S.2d 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-oceanus-navigation-corp-nyappdiv-2005.

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