Legal Opinion
Burnell v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2001PublishedCited by 5 opinions
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (McGill, J.), entered August 28, 2000 in Clinton County, which denied plaintiffs’ motion to set aside the verdict.
An appeal from a final judgment will bring with it for review an appeal from an intermediate order which necessarily affects the judgment (see, CPLR 5501 [a] [1]). This Court has consistently recognized the corollary implicit in this rule, namely, that entry of a final judgment in the action terminates the right to take an appeal from an intermediate order (see, Dubray v Pratt, 283 AD2d 869; Norwest Mtge. v Clifford, 271 AD2d 721; Rivera v…
2Cases cited4 opinions
- Pixel International Network, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Norwest Mortgage, Inc. v. CliffordAppellate Division of the Supreme Court of the State of New York · 2000
- Rivera v. MajukAppellate Division of the Supreme Court of the State of New York · 1998
- Dubray v. PrattAppellate Division of the Supreme Court of the State of New York · 2001
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- Piccirilli v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2024
- Matter of RuhleAppellate Division of the Supreme Court of the State of New York · 2019