Retta v. 160 Water St. Assocs., L.P.

6 Citing cases

  1. Zhang v. Mastercard Inc.

    2024 N.Y. Slip Op. 2898 (N.Y. App. Div. 2024)

    Plaintiff's appeal from the court's order dated April 5, 2023, was untimely as it was dated and filed more than 30 days after defendant ICBC's April 7, 2023 notice of entry (see 22 NYCRR 202.5-b[b]; CPLR 5513[a]; Avgush v Jerry Fontan, Inc., 167 A.D.3d 484 [1st Dept 2018]; Retta v 160 Water St. Assoc., L.P., 94 A.D.3d 623 [1st Dept 2012]). In any event, no appeal lies from the April 5, 2023 order as it was entered on default after plaintiff failed to submit opposition to defendant ICBC's motion to dismiss.

  2. Zhang v. Mastercard Inc.

    227 A.D.3d 598 (N.Y. App. Div. 2024)

    Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), dated April 5, 2023, which, inter alia, granted, on default, defendant Industrial and Commercial Bank of China’s (ICBC) motion to dismiss the complaint against it, unanimously dismissed, without costs. [1, 2] Plaintiff’s appeal from the court’s order dated April 5, 2023, was untimely as it was dated and filed more than 30 days after defendant ICBC’s April 7, 2023 notice of entry (see 22 NYCRR 202.5-b[b]; CPLR 5513[a]; Avgush v. Jerry Fontan, Inc., 167 A.D.3d 484, 89 N.Y.S.3d 173 [1st Dept. 2018]; Retta v. 160 Water St. Assoc., L.P., 94 A.D.3d 623, 942 N.Y.S.2d 525 [1st Dept. 2012]). In any event, no appeal lies from the April 5, 2023 order as it was entered on default after plaintiff failed to submit opposition to defendant ICBC’s motion to dismiss.

  3. Gesmer v. Admin. Bd. of the N.Y. State Unified Court Sys.

    194 A.D.3d 180 (N.Y. App. Div. 2021)   Cited 8 times

    Respondents’ appeal from the December 11, 2020 order must be dismissed as the right of direct appeal from an intermediate order extinguishes upon entry of the final judgment (seeMatter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976] ; Matter of Town of Waterford v. New York State Dept. of Envtl. Conservation, 187 A.D.3d 1437, 1439 n. 1, 134 N.Y.S.3d 545 [2020] ; Retta v. 160 Water St. Assoc., L.P., 94 A.D.3d 623, 624, 942 N.Y.S.2d 525 [2012] ). To the extent that the issues raised on the appeal from the December 11, 2020 order necessarily affect the final judgment and are brought up for review therefrom (see CPLR 5501[a][1] ), we find respondents’ arguments to be either unavailing, waived or academic in light of our determination.

  4. Biton v. Baxter Healthcare Corp.

    99 A.D.3d 425 (N.Y. App. Div. 2012)

    Having served the orders and notice of entry upon defendants by mail on October 27, 2011, plaintiff had until December 1, 2011 to file a notice of appeal, i.e., 35 days later (CPLR 5513[a], [d] ). Since she did not file a notice of appeal until December 7, 2011, the appeal must be dismissed ( see Retta v. 160 Water St. Assoc., L.P., 94 A.D.3d 623, 942 N.Y.S.2d 525 [1st Dept. 2012] ). In addition, the order entered October 25, 2011 is not appealable as of right under CPLR 5701(a) because it did not resolve a motion made upon notice ( see Kalyanaram v. New York Inst. of Tech., 91 A.D.3d 532, 936 N.Y.S.2d 543 [1st Dept. 2012] ).

  5. Francis v. Manlyn Dev. Grp., Inc.

    2017 N.Y. Slip Op. 32143 (N.Y. Sup. Ct. 2017)

    Independent contractors differ in that important respect from agents, employees or servants." (94 AD3d 623, 624 [1st Dept 2012]).

  6. Bank of America, N.A. v. Ohebshalom

    2012 N.Y. Slip Op. 31486 (N.Y. Sup. Ct. 2012)

    Independent contractors differ in the important respect that they are not subject to another's control as are agents, employees or servants. Retta v 160 Water Street Associates, L.P., 94 AD3d 623 [1st Dept 2012]. "Whether one is an independent contractor or an employee depends on the presence or absence of various indicia, the most important of which is the right to control over the agent irrespective of the manner in which the work is to be done."