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Ryan Management Corp. v. Cataffo

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 217 (N.Y. App. Div. 2000)

Opinion

Submitted November 3, 2000.

December 6, 2000.

In an action, inter alia, to recover damages for breach of a commercial lease, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Catterson, J.), dated August 2, 1999, which, on consent, is in favor of the plaintiff and against him in the principal sum of $776,332.77.

Guercio Guercio, Farmingdale, N.Y. (Gregory J. Guercio and John P. Sheahan of counsel), for appellant.

Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino and Debra Welsh of counsel), for respondent.

Before: WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The appeal from the judgment in favor of the plaintiff and against the defendant must be dismissed, as no appeal lies from a judgment entered on the consent of the appealing party (see, Baecher v. Baecher, 95 A.D.2d 841). A party who consents to the entry of a judgment is not aggrieved thereby (see, Matter of Hartnett v. Hartnett, 242 A.D.2d 535; Matter of Commissioner of Social Servs. of City of N.Y. [Tabitha McC.], 202 A.D.2d 502; Goodman v. Goodman, 150 A.D.2d 636).


Summaries of

Ryan Management Corp. v. Cataffo

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 217 (N.Y. App. Div. 2000)
Case details for

Ryan Management Corp. v. Cataffo

Case Details

Full title:RYAN MANAGEMENT CORP., RESPONDENT, v. ARTHUR CATAFFO, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 2000

Citations

278 A.D.2d 217 (N.Y. App. Div. 2000)
716 N.Y.S.2d 919

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