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Kahn v. Friedlander

86 A.D.2d 900, 450 N.Y.S.2d 436, 1982 N.Y. App. Div. LEXIS 15570
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 9, 1982
StatusPublished

This text of 86 A.D.2d 900 (Kahn v. Friedlander) 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
Kahn v. Friedlander, 86 A.D.2d 900, 450 N.Y.S.2d 436, 1982 N.Y. App. Div. LEXIS 15570 (N.Y. Ct. App. 1982).

Opinion

Motion to dismiss appeal taken from order of Special Term dated October 7,1981 and entered October 9,1981 granted, without costs. Since such order necessarily affects the final judgment which dismissed the complaint (see CPLR 5501, subd [a]), the earlier order merges with the final judgment (Matter of Hart v Bronstein, 43 AD2d 936), and review of the earlier order can only be had on direct appeal from the final judgment (Chase Manhattan Bank, N. A. v Roberts & Roberts, 63 AD2d 566; Dayon v Downe Communications, 42 AD2d 889). Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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Related

Dayon v. Downe Communications, Inc.
42 A.D.2d 889 (Appellate Division of the Supreme Court of New York, 1973)
Hart v. Bronstein
43 A.D.2d 936 (Appellate Division of the Supreme Court of New York, 1974)
Chase Manhattan Bank v. Roberts & Roberts, Inc.
63 A.D.2d 566 (Appellate Division of the Supreme Court of New York, 1978)

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Bluebook (online)
86 A.D.2d 900, 450 N.Y.S.2d 436, 1982 N.Y. App. Div. LEXIS 15570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-friedlander-nyappdiv-1982.