Legal Opinion
Amerasian International Enterprises, Ltd. v. Health Care Concepts, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 2003PublishedCited by 1 opinion
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered September 7, 2001, which, at a preliminary conference, struck defendants’ answer, unanimously dismissed, without costs.
The subject order is not appealable as of right (see Postel v New York Univ. Hosp., 262 AD2d 40, 41). While a subsequent motion to vacate or renew would have properly placed the issue defendants now seek to raise before this Court (see Torres v New York City Hous. Auth., 298 AD2d 207; Daniels v City of New York, 291 AD2d 260; Boyle v City of New York, 269 AD2d 135; Postel, supra), the record is…
2Cases cited6 opinions
- Postel v. New York University HospitalAppellate Division of the Supreme Court of the State of New York · 1999
- Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Boyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Ellis v. JacksonAppellate Division of the Supreme Court of the State of New York · 1999
- Color Wheel, Inc. v. Interstate Printing Co.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by1 opinion
- Ayala v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2003