Kabelac v. Harding

Appellate Division of the Supreme Court of New York

Kabelac v. Harding

127 A.D.2d 1011, 513 N.Y.S.2d 314, 1987 N.Y. App. Div. LEXIS 43522

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 1987·Published·Cited by 3 cases

Opinion

Motion for reargument granted and, upon reargument, motion to dismiss appeal granted. Memorandum: We dismissed the appeal from the judgment entered by plaintiff on [1012]*1012July 15, 1986 because that judgment was duplicative of the judgment (denominated order) signed by the Trial Justice on April 24, 1986. The appeal properly lies from the April 24 judgment. Plaintiff contends that an appeal from the April 24 judgment would not be untimely because no notice of entry of that judgment has been served. That issue is not before us, however, for no appeal has been taken from the judgment of April 24. Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

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Motion for reargument granted and, upon reargument, motion to dismiss appeal granted. Memorandum: We dismissed the appeal from the judgment entered by plaintiff on [1012]*1012July 15, 1986 because that judgment was duplicative of the judgment (denominated order) signed by the Trial Justice on April 24, 1986. The appeal properly lies from the April 24 judgment. Plaintiff contends that an appeal from the April 24 judgment would not be untimely because no notice of entry of that judgment has been served. That issue is not before us, however, for no appeal has been taken from the judgment of April 24. Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

Kabelac v. Harding, 127 A.D.2d 1011, 513 N.Y.S.2d 314, 1987 N.Y. App. Div. LEXIS 43522 (N.Y. Ct. App. 1987).

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