From Casetext: Smarter Legal Research

Wadsworth Ave. Assoc. v. Maynard

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 316 (N.Y. App. Div. 2007)

Opinion

No. 1933 601740/03.

November 8, 2007.

Appeal from order, Supreme Court, New York County (Rolando T. Acosta, J.), entered October 23, 2006, which, in an action by a limited partner (Haggerty) against a general partner, denied Haggerty's motion to vacate an order, same court and Justice, entered November 19, 2004, denying his motion for summary judgment, unanimously dismissed, with costs in favor of defendant payable by plaintiff.

Robert H. Haggerty, Vero Beach, Fla., for appellant.

Kennedy Johnson Gallagher LLC, New York (Derek McNally of counsel), for respondent

Before: Andrias, J.P., Saxe, Nardelli, McGuire and Malone, JJ.


A prior appeal by Haggerty from the November 19, 2004 order was dismissed as academic because of the subsequent entry of a judgment from which Haggerty did not appeal ( 23 AD3d 302). Consequently, Haggerty's appeal from the order denying his motion to vacate the November 19, 2004 order (actually an untimely motion to reargue) must also be dismissed.


Summaries of

Wadsworth Ave. Assoc. v. Maynard

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 316 (N.Y. App. Div. 2007)
Case details for

Wadsworth Ave. Assoc. v. Maynard

Case Details

Full title:WADSWORTH AVENUE ASSOCIATES, Appellant, v. KENNETH L. MAYNARD, L. MAYNARD…

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

Date published: Nov 8, 2007

Citations

45 A.D.3d 316 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8373
844 N.Y.S.2d 698