Opinion
2017-1397 Q C
03-05-2021
STATE FARM INDEMNITY CO., as Subrogee of Yvonne Severini, Respondent, v. PARKING SYSTEMS VALET SERVICE and Cusimano Russo Funeral Home, Appellants.
Stephen David Fink, Esq., for appellants. Law Offices of Serpe, Andree & Kaufman ( Jonathan H. Kaufman of counsel), for respondent.
Stephen David Fink, Esq., for appellants.
Law Offices of Serpe, Andree & Kaufman ( Jonathan H. Kaufman of counsel), for respondent.
PRESENT: MICHELLE WESTON, J.P., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.
ORDERED that the appeal is dismissed.
In this subrogation action to recover insurance benefits plaintiff had paid to its subrogor for damages caused to the subrogor's vehicle, plaintiff moved for summary judgment as to liability, which motion defendants opposed. Defendants appeal from an order of the Civil Court entered May 12, 2017 granting plaintiff's motion.
Neither appellant remains aggrieved by, and therefore no appeal lies from, so much of the May 12, 2017 order as granted the branch of plaintiff's motion seeking summary judgment as against Cusimano Russo Funeral Home on the issue of liability, as that part of the order was superseded by an order entered August 15, 2017 which, insofar as is relevant here, upon reargument, denied that branch of plaintiff's motion, which was opposed by both defendants ( cf. CPLR 5517 ). In any event, the right of direct appeal from the entire May 12, 2017 order terminated with the entry of a judgment on October 31, 2018 ( see Matter of Aho , 39 NY2d 241 [1976] ).
Accordingly, the appeal is dismissed.
The decision and order of this court dated December 7, 2018 ( 61 Misc 3d 155[A], 2018 NY Slip Op 51827[U] ) is hereby recalled and vacated ( see decision and order on motion issued simultaneously herewith).
WESTON, J.P., TOUSSAINT and GOLIA, JJ., concur.