Hillside Equities, LLC v. UFH Apartments, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal 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). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
The Supreme Court improvidently exercised its discretion in conditionally striking the defendants’ answer. The defendants timely interposed an objection to the plaintiffs demand for a bill of particulars as to their affirmative defenses. Although the *705Supreme…
2Cases cited6 opinions
- In re AhoNew York Court of Appeals · 1976
- Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Lavi v. LaviAppellate Division of the Supreme Court of the State of New York · 1998
- Marsala v. WeinraubAppellate Division of the Supreme Court of the State of New York · 1994
- Bouton v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Haszinger v. PraverAppellate Division of the Supreme Court of the State of New York · 2004
- People v. Imported Quality Guard Dogs, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Morris Erbesh, NNE, Inc. v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2005
- Walsh v. DuffyAppellate Terms of the Supreme Court of New York · 2006