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Dietz International v. Frankart Distributors

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 625 (N.Y. App. Div. 1990)

Opinion

January 30, 1990

Appeal from the Supreme Court, New York County (Edith Miller, J.).


"[W]ith the entry of a final judgment, an appeal from an intermediate order must fall, and the order can only be reviewed on an appeal from the final judgment if it affects the final judgment (CPLR 5501, subd. [a], par. 1 * * *)" (Dayon v. Downe Communications, 42 A.D.2d 889; Matter of Aho, 39 N.Y.2d 241, 248). Final judgment in this action was entered October 1, 1987, after the date of the order appealed from, January 21, 1987. Although the order appealed from was not entered until January 27, 1988, it was superseded by the final judgment and the right to directly appeal therefrom terminated. (Matter of Aho, supra, at 248.)

Concur — Kupferman, J.P., Ross, Milonas, Rosenberger and Ellerin, JJ.


Summaries of

Dietz International v. Frankart Distributors

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 625 (N.Y. App. Div. 1990)
Case details for

Dietz International v. Frankart Distributors

Case Details

Full title:DIETZ INTERNATIONAL PUBLIC ADJUSTERS, INC., Respondent, v. FRANKART…

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

Date published: Jan 30, 1990

Citations

157 A.D.2d 625 (N.Y. App. Div. 1990)