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Heinlein v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 596 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).


Ordered that the appeal from the order dated October 5, 1993, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the appeal from the order dated April 29, 1994, is dismissed; and it is further,

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

Ordered that the respondent is awarded one bill of costs.

The appeal from the intermediate order dated April 29, 1994, 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). The issues raised on appeal from the order are brought up for review and have been considered on appeal from the judgment (see, CPLR 5501 [a] [1]).

The defendants' contention that the court improperly precluded fair cross-examination and presentation of evidence is unpreserved for appellate review (see, Bidwell v. Bidwell, 122 A.D.2d 364, 366). In any event, their contention is meritless. Further, the court's decision sufficiently stated the facts upon which it was based (see, CPLR 4213 [b]). Lawrence, J.P., Pizzuto, Joy and Altman, JJ., concur.


Summaries of

Heinlein v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 596 (N.Y. App. Div. 1995)
Case details for

Heinlein v. Greene

Case Details

Full title:VINCENT HEINLEIN, Individually and as Executor of CARL E. BARTELS…

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 596 (N.Y. App. Div. 1995)
624 N.Y.S.2d 923