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Ayers v. Wooten

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2005
24 A.D.3d 702 (N.Y. App. Div. 2005)

Opinion

2003-08002.

December 27, 2005.

In an action to recover damages pursuant to Executive Law § 632-a, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Dunne, J.), dated June 27, 2003, as denied their motion for summary judgment dismissing the complaint.

Before: Schmidt, J.P., S. Miller, Mastro and Rivera, JJ., concur.


Ordered that the appeal is dismissed, without costs or disbursements.

The defendants' appeal is from an order dated June 27, 2003, which, inter alia, denied their motion for summary judgment dismissing the complaint. Subsequent to the entry of this order, the litigation continued and resulted in a judgment in the plaintiff's favor in the principal sum of $250,000; this judgment was entered June 24, 2004. The appeal from the order dated June 27, 2003, must be dismissed because the right of direct appeal therefrom terminated upon the entry of the judgment in the action ( see Matter of Aho, 39 NY2d 241, 248). We note that the defendants' appeal from the judgment was never perfected and was dismissed for failure to prosecute in April 2005 ( see 22 NYCRR 670.8).


Summaries of

Ayers v. Wooten

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2005
24 A.D.3d 702 (N.Y. App. Div. 2005)
Case details for

Ayers v. Wooten

Case Details

Full title:COLLEEN R. AYERS, Respondent, v. TINA WOOTEN et al., Appellants

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

Date published: Dec 27, 2005

Citations

24 A.D.3d 702 (N.Y. App. Div. 2005)
806 N.Y.S.2d 719