Atlantic Mut. Ins. v. Goldman Real Estate

Full title: ATLANTIC MUTUAL INSURANCE COMPANY, ETC., PLAINTIFF-RESPONDENT, v. MORRIS…

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

Date published: Feb 7, 2002

291 A.D.2d 249 (N.Y. App. Div. 2002)

736 N.Y.S.2d 875

Opinion

204

February 7, 2002.

Appeal from order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about August 8, 2000, which denied defendant-appellant's motion to set aside a jury verdict in plaintiff's favor, unanimously dismissed, without costs.

MARK T. MULLEN, for plaintiff-respondent.

LORIN A. DONNELLY, for defendant-appellant.

Before: Williams, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.

Defendant's right to appeal the order denying its motion to set aside the verdict terminated with the entry of a judgment (Kirby v. Turner Constr. Co., 286 A.D.2d 618, 730 N.Y.S.2d 314). We reject defendant's argument that its motion to set aside the verdict was in certain respects "addressed to the pleadings" within the meaning of CPLR 5501(c).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.