Fischer v. RWSP Realty, LLC

Appellate Division of the Supreme Court of New York

Fischer v. RWSP Realty, LLC

63 A.D.3d 878, 880 N.Y.S.2d 525

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

DecidedJune 16, 2009

StatusPublished

This text of 63 A.D.3d 878 (Fischer v. RWSP Realty, LLC) 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

Fischer v. RWSP Realty, LLC, 63 A.D.3d 878, 880 N.Y.S.2d 525 (N.Y. Ct. App. 2009).

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Opinion

In an action, inter alia, to recover a real estate broker’s commission, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated December 10, 2007, which denied his motion to reopen the trial in order to submit additional evidence.

Ordered that the appeal 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 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment in Fischer v RWSP Realty, LLC (63 AD3d 878 [2009] [decided herewith]; see CPLR 5501 [a] [1]). Rivera, J.E, Covello, Balkin and Austin, JJ., concur.

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In an action, inter alia, to recover a real estate broker’s commission, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated December 10, 2007, which denied his motion to reopen the trial in order to submit additional evidence.

Ordered that the appeal 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 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment in Fischer v RWSP Realty, LLC (63 AD3d 878 [2009] [decided herewith]; see CPLR 5501 [a] [1]). Rivera, J.E, Covello, Balkin and Austin, JJ., concur.

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Bluebook (online)

63 A.D.3d 878, 880 N.Y.S.2d 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-rwsp-realty-llc-nyappdiv-2009.

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