Legal Opinion

US Bank National Ass'n v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2016No. 698N 382638/09Published

1Opinion of the Court

Appeal from the decision, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 30, 2014, which granted plaintiff’s motion for an order appointing a referee to ascertain the amount due to it, unanimously dismissed, without costs, as taken from a nonappealable paper.

The motion court’s decision directed the parties to submit an order on notice. The record does not contain the settled order that the motion court directed to implement its decision. No appeal lies from a decision (see CPLR 5512 [a]; Gunn v Palmieri, 86 NY2d 830 [1995]), or from an appealed paper directing the…

2Cases cited3 opinions

  1. Rodriquez v. Chapman-PerryAppellate Division of the Supreme Court of the State of New York · 2009
  2. Gunn v. PalmieriNew York Court of Appeals · 1995
  3. Murray Hill Manor Co. v. Destination Paradise, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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