Toscano v. Southampton Brick & Tile, Inc.

Appellate Division of the Supreme Court of New York

Toscano v. Southampton Brick & Tile, Inc.

210 A.D.2d 490, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13140

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

DecidedDecember 27, 1994

StatusPublished

This text of 210 A.D.2d 490 (Toscano v. Southampton Brick & Tile, 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

Toscano v. Southampton Brick & Tile, Inc., 210 A.D.2d 490, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13140 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action for dissolution of a corporation, the appeal is from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated August 19, 1993, as denied those branches of the appellant’s motion which were to (1) deem the petition for dissolution authorized by Business Corporation Law § 1104 (a) (3) a petition also authorized by Business Corporation Law § 1104-a, and (2) stay the dissolution proceeding pending a valuation hearing pursuant to Business Corporation Law § 1118.

Ordered that the appeal is dismissed, with costs.

[491]*491The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action (see, Matter of Aho, 39 NY2d 241). As the appellant does not appeal from the judgment, which was entered after trial, there is no issue before us. Sullivan, J. P., Lawrence, Ritter and Joy, JJ., concur.

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—In an action for dissolution of a corporation, the appeal is from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated August 19, 1993, as denied those branches of the appellant’s motion which were to (1) deem the petition for dissolution authorized by Business Corporation Law § 1104 (a) (3) a petition also authorized by Business Corporation Law § 1104-a, and (2) stay the dissolution proceeding pending a valuation hearing pursuant to Business Corporation Law § 1118.

Ordered that the appeal is dismissed, with costs.

[491]*491The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action (see, Matter of Aho, 39 NY2d 241). As the appellant does not appeal from the judgment, which was entered after trial, there is no issue before us. Sullivan, J. P., Lawrence, Ritter and Joy, JJ., concur.

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Bluebook (online)

210 A.D.2d 490, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toscano-v-southampton-brick-tile-inc-nyappdiv-1994.

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