Lane v. Smith

Appellate Division of the Supreme Court of New York

Lane v. Smith

84 A.D.3d 746, 922 N.Y.S.2d 788

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

DecidedMay 3, 2011

StatusPublished

This text of 84 A.D.3d 746 (Lane v. Smith) 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

Lane v. Smith, 84 A.D.3d 746, 922 N.Y.S.2d 788 (N.Y. Ct. App. 2011).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendants Willie Smith, Jr., and Norma Campbell Smith appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Markey, J.), dated September 11, 2009, as denied that branch of their motion which was for leave to renew both their opposition to the plaintiffs motion for leave to enter a default judgment against them on the issue of liability, which had been granted in an order entered June 4, 2009, and their motion to vacate their default in answering the complaint, which had been denied in an amended order entered July 13, 2009.

Ordered that the appeal is dismissed, with costs to the plaintiff.

The appeal from the intermediate order dated September 11, 2009, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 26, 2010 (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 (see CFLR 5501 [a] [1]; Lane v Smith, 84 AD3d 746 [2011] [decided herewith]). Skelos, J.E, Leventhal, Sgroi and Miller, JJ., concur.

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

In an action to recover damages for personal injuries, the defendants Willie Smith, Jr., and Norma Campbell Smith appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Markey, J.), dated September 11, 2009, as denied that branch of their motion which was for leave to renew both their opposition to the plaintiffs motion for leave to enter a default judgment against them on the issue of liability, which had been granted in an order entered June 4, 2009, and their motion to vacate their default in answering the complaint, which had been denied in an amended order entered July 13, 2009.

Ordered that the appeal is dismissed, with costs to the plaintiff.

The appeal from the intermediate order dated September 11, 2009, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 26, 2010 (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 (see CFLR 5501 [a] [1]; Lane v Smith, 84 AD3d 746 [2011] [decided herewith]). Skelos, J.E, Leventhal, Sgroi and Miller, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

84 A.D.3d 746, 922 N.Y.S.2d 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-smith-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack