Legal Opinion
Hughes v. Nussbaumer
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988No. Appeal No. 1PublishedCited by 594 opinions
1Opinion of the Court
Memorandum: A judgment was entered after the entry of the order from which this appeal was taken. Where a prior order is subsumed within a judgment, the appeal is from the judgment, not the prior order (Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566). Nevertheless, absent prejudice to the respondent, this court has the discretionary power to treat the notice of appeal as one taken from the judgment, and we conclude that our discretion should be exercised in this case (CPLR 5520 [c]; Frankel v Manufacturers Hanover Trust Co., 106 AD2d 542; Chase Manhattan Bank v Roberts & Roberts,…
2Cases cited5 opinions
- Chase Manhattan Bank v. Roberts & Roberts, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Cubito v. KreisbergAppellate Division of the Supreme Court of the State of New York · 1979
- Cubito v. KreisbergNew York Court of Appeals · 1980
- Frankel v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Clemens v. BenzingerAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by594 opinions
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- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Rew v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014
- GRAY, EVELYN M. v. WILLIAMS, M.D., ASTON B.Appellate Division of the Supreme Court of the State of New York · 2013
- Luckern v. Lyonsdale Energy Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2001
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