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Greenspan v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 664 (N.Y. App. Div. 1995)

Opinion

February 21, 1995

Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).


Ordered that the appeals from the orders are dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that Utica Mutual Insurance Company is awarded one bill of costs.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248).

Contrary to the plaintiffs' contention, the verdict is not against the weight of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493). There is ample evidence in the record to support the jury's determination that the surety bond upon which the plaintiffs seek recovery was rejected by them.

We have reviewed the parties' remaining contentions and find that they do not warrant a contrary result. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.


Summaries of

Greenspan v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 664 (N.Y. App. Div. 1995)
Case details for

Greenspan v. Geller

Case Details

Full title:BARRY GREENSPAN et al., Respondents-Appellants, v. JAMES GELLER et al.…

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

Date published: Feb 21, 1995

Citations

212 A.D.2d 664 (N.Y. App. Div. 1995)
623 N.Y.S.2d 148