Woodhaven Associates, Inc. v. Woodhaven Blvd. Rest., Inc.

Appellate Division of the Supreme Court of New York

Woodhaven Associates, Inc. v. Woodhaven Blvd. Rest., Inc.

46 A.D.3d 679, 846 N.Y.S.2d 582

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

DecidedDecember 11, 2007

StatusPublished

This text of 46 A.D.3d 679 (Woodhaven Associates, Inc. v. Woodhaven Blvd. Rest., 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

Woodhaven Associates, Inc. v. Woodhaven Blvd. Rest., Inc., 46 A.D.3d 679, 846 N.Y.S.2d 582 (N.Y. Ct. App. 2007).

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Opinion

In an action, inter alia, to recover an attorney’s fee due pursuant to a lease and guaranty, the defendants appeal from an order of the Supreme Court, Nassau County (Woodard, J.), entered December 15, 2005, which denied their motion to dismiss the complaint pursuant to CELR 3211 (a) (1) and (7).

Ordered that the order appealed from is dismissed, with costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on December 27, 2006 (see Matter of [680]*680Aho, 39 NY2d 241, 248 [1976]). The appeal from that judgment was dismissed by decision and order on motion of this Court dated October 9, 2007, for failure to perfect that appeal in accordance with the rules of this Court (see 22 NYCRR 670.8 [h]). Krausman, J.P., Fisher, Angiolillo and Balkin, JJ., concur.

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In an action, inter alia, to recover an attorney’s fee due pursuant to a lease and guaranty, the defendants appeal from an order of the Supreme Court, Nassau County (Woodard, J.), entered December 15, 2005, which denied their motion to dismiss the complaint pursuant to CELR 3211 (a) (1) and (7).

Ordered that the order appealed from is dismissed, with costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on December 27, 2006 (see Matter of [680]*680Aho, 39 NY2d 241, 248 [1976]). The appeal from that judgment was dismissed by decision and order on motion of this Court dated October 9, 2007, for failure to perfect that appeal in accordance with the rules of this Court (see 22 NYCRR 670.8 [h]). Krausman, J.P., Fisher, Angiolillo and Balkin, JJ., concur.

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Bluebook (online)

46 A.D.3d 679, 846 N.Y.S.2d 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodhaven-associates-inc-v-woodhaven-blvd-rest-inc-nyappdiv-2007.

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