Legal Opinion

Superior Fidelity Assurance, Ltd. v. Schwartz

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

Decided January 26, 2010PublishedCited by 16 opinions

1Opinion of the Court

*925The appeals from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeals from the order are brought up for review and have been considered on the appeals from the judgment (see CPLR 5501 [a] [1]).

The plaintiff loaned the sum of $168,000 to Smithtown Chevrolet, LLC (hereinafter Smithtown). In exchange, Smith-town executed a promissory note for $168,000 in favor of the plaintiff. According to the terms of the promissory note, Smithtown…

2Cases cited8 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. In re AhoNew York Court of Appeals · 1976
  3. European American Bank v. LofreseAppellate Division of the Supreme Court of the State of New York · 1992
  4. E.D.S. Security Systems, Inc. v. AllynAppellate Division of the Supreme Court of the State of New York · 1999
  5. Rhodia, Inc. v. SteelAppellate Division of the Supreme Court of the State of New York · 1969

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3Cited by16 opinions

  1. Lugli v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Jin Sheng He v. Sing Huei ChangAppellate Division of the Supreme Court of the State of New York · 2011
  3. Frankini v. Landmark Construction of Yonkers, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Rodrigues v. SamarasAppellate Division of the Supreme Court of the State of New York · 2014
  5. Estate of Broche v. TaiAppellate Division of the Supreme Court of the State of New York · 2012

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