Fisher v. Museum of Cartoon Art, Inc.

Appellate Division of the Supreme Court of New York

Fisher v. Museum of Cartoon Art, Inc.

275 A.D.2d 729, 713 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 9232

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

DecidedSeptember 18, 2000

StatusPublished

This text of 275 A.D.2d 729 (Fisher v. Museum of Cartoon Art, Inc.) 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

Fisher v. Museum of Cartoon Art, Inc., 275 A.D.2d 729, 713 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 9232 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action, inter alia, to set aside as fraudulent the assignment of a purchase money mortgage, the third-party defendant Federal Savings Bank appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Cowhey, J.), entered February 18, 1999, as upon, in effect, reargument, adhered to the original determination in an order of the same court entered September 4, 1998, granting its motion to dismiss the complaint pursuant to CPLR 1008 insofar as assertéd against the defendant third-party plaintiff Liberty Savings Bank, FSB., and (2) from an order of the same court, entered July 8, 1999, which denied its motion, in effect, for reargument.

Ordered that the appeal from the order entered February 18, 1999, is dismissed; and it is further,

Ordered that the appeal from the order entered July 8, 1999, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeal from the order entered February 18, 1999, must be dismissed on the ground that Federal Savings Bank is not aggrieved thereby (see, CPLR 5511). Ritter, J. P., Santucci, Altman and Schmidt, JJ., concur.

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—In an action, inter alia, to set aside as fraudulent the assignment of a purchase money mortgage, the third-party defendant Federal Savings Bank appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Cowhey, J.), entered February 18, 1999, as upon, in effect, reargument, adhered to the original determination in an order of the same court entered September 4, 1998, granting its motion to dismiss the complaint pursuant to CPLR 1008 insofar as assertéd against the defendant third-party plaintiff Liberty Savings Bank, FSB., and (2) from an order of the same court, entered July 8, 1999, which denied its motion, in effect, for reargument.

Ordered that the appeal from the order entered February 18, 1999, is dismissed; and it is further,

Ordered that the appeal from the order entered July 8, 1999, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeal from the order entered February 18, 1999, must be dismissed on the ground that Federal Savings Bank is not aggrieved thereby (see, CPLR 5511). Ritter, J. P., Santucci, Altman and Schmidt, JJ., concur.

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Bluebook (online)

275 A.D.2d 729, 713 N.Y.S.2d 498, 2000 N.Y. App. Div. LEXIS 9232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-museum-of-cartoon-art-inc-nyappdiv-2000.