Betsy Meyer Associates, Inc. v. Lorber

Appellate Division of the Supreme Court of New York

Betsy Meyer Associates, Inc. v. Lorber

42 A.D.3d 508, 838 N.Y.S.2d 915

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

DecidedJuly 24, 2007

StatusPublished

This text of 42 A.D.3d 508 (Betsy Meyer Associates, Inc. v. Lorber) 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

Betsy Meyer Associates, Inc. v. Lorber, 42 A.D.3d 508, 838 N.Y.S.2d 915 (N.Y. Ct. App. 2007).

Pincite

Opinion

In an ac[509]*509tion to foreclose a mechanic’s lien, the defendant Howard M. Lorber appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated March 31, 2005, which granted the plaintiff’s oral motion for leave to enter a default judgment against him and denied his motion, in effect, to dismiss the complaint.

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

The appeal from the order must be dismissed because any right to appeal therefrom terminated with the entry of a final judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]) and, in any event, no appeal lies as of right from that portion of the order which did not decide a motion made on notice, and leave to appeal has not been granted (see CPLR 5701 [a], [c]). Rivera, J.E, Krausman, Skelos and Balkin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an ac[509]*509tion to foreclose a mechanic’s lien, the defendant Howard M. Lorber appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated March 31, 2005, which granted the plaintiff’s oral motion for leave to enter a default judgment against him and denied his motion, in effect, to dismiss the complaint.

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

The appeal from the order must be dismissed because any right to appeal therefrom terminated with the entry of a final judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]) and, in any event, no appeal lies as of right from that portion of the order which did not decide a motion made on notice, and leave to appeal has not been granted (see CPLR 5701 [a], [c]). Rivera, J.E, Krausman, Skelos and Balkin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

42 A.D.3d 508, 838 N.Y.S.2d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betsy-meyer-associates-inc-v-lorber-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack