Dayon v. Downe Communications, Inc.

Motion by defendants-respondents to dismiss appeal from order entered February 26, 1973, in Supreme Court, New York County, which dismissed complaint with leave to plaintiff .to serve an amended complaint, is granted, and the appeal is dismissed, with $20 costs. Not only was the order appealed from superseded by the final judgment entered March 15, 1973, dismissing the complaint without leave to amend, but with the entry of a final judgment, an appeal from an intermediate order must fall, and the order can only be reviewed on an appeal from the final judgment if it affects the final judgment…