Walter Concrete Construction Corp. v. PCM Development Co.

Full title: WALTER CONCRETE CONSTRUCTION CORP., Respondent, v. PCM DEVELOPMENT…

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

Date published: Jul 12, 1996

229 A.D.2d 994 (N.Y. App. Div. 1996)

646 N.Y.S.2d 434

Opinion

July 12, 1996

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Green, J.P., Lawton, Wesley, Callahan and Boehm, JJ.

Judgment unanimously affirmed with costs. Memorandum: A judgment was entered at the same time as the order from which this appeal was taken. The order is subsumed within the judgment and the appeal is from the judgment, not the order ( see, Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal ( see, CPLR 5520 [c]), and we deem the appeal to have been taken from the judgment ( see, Soto v. Montanez, 201 A.D.2d 876; Hughes v. Nussbaumer, Clarke Velzy, supra).