Legal Opinion

Premier Capital, LLC v. Schnitzler

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 2015Published

1Opinion of the Court

In a proceeding to enforce a money judgment, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct. Atty. Ref), dated January 14, 2014, made after a framed-issue hearing.

Ordered that the appeal is dismissed, with costs.

The paper from which the petitioner appeals merely constitutes a finding regarding one of the issues raised in this proceeding. As such, it is tantamount to a decision, from which no appeal lies (see Matter of 21st Century Ins. Co. v Davis, 114 AD3d 955 [2014]; Matter of AutoOne Ins. Co. v Fernandez, 109 AD3d 469 [2013]; Benabu v Rienzo, 104…

2Cases cited3 opinions

  1. Benabu v. RienzoAppellate Division of the Supreme Court of the State of New York · 2013
  2. Hamilton v. KhalifeAppellate Division of the Supreme Court of the State of New York · 2003
  3. Wall Street Mortgage Bankers, Ltd. v. HindsAppellate Division of the Supreme Court of the State of New York · 2011

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