Warm v. State

Appellate Division of the Supreme Court of New York

Warm v. State

308 A.D.2d 534, 764 N.Y.S.2d 829, 2003 N.Y. App. Div. LEXIS 9685

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

DecidedSeptember 22, 2003

StatusPublished

This text of 308 A.D.2d 534 (Warm v. State) 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

Warm v. State, 308 A.D.2d 534, 764 N.Y.S.2d 829, 2003 N.Y. App. Div. LEXIS 9685 (N.Y. Ct. App. 2003).

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Opinion

—In an action, inter alia, to recover damages for injury to real property, the plaintiffs’ attorney, Pirrotti & Pirrotti, LLP, appeals from an order of the Supreme Court, Putnam County (Sweeny, J.), entered November 8, 2001, which granted the motion of defendant New York State Electric & Gas Corporation to impose costs and an attorney’s fee against it pursuant to CPLR 8303-a, to the extent of awarding $40,000.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). Smith, J.P., Krausman, Luciano and Crane, JJ., concur.

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—In an action, inter alia, to recover damages for injury to real property, the plaintiffs’ attorney, Pirrotti & Pirrotti, LLP, appeals from an order of the Supreme Court, Putnam County (Sweeny, J.), entered November 8, 2001, which granted the motion of defendant New York State Electric & Gas Corporation to impose costs and an attorney’s fee against it pursuant to CPLR 8303-a, to the extent of awarding $40,000.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). Smith, J.P., Krausman, Luciano and Crane, JJ., concur.

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Bluebook (online)

308 A.D.2d 534, 764 N.Y.S.2d 829, 2003 N.Y. App. Div. LEXIS 9685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warm-v-state-nyappdiv-2003.

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