Van Scooter v. 450 Trabold Road, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law without costs and *866new trial granted. Memorandum: An amended judgment was entered after entry of the judgment from which this appeal was taken. No appeal lies from a judgment that has been superseded by an amended judgment (see, Matter of Eric D. [appeal No. 1], 162 AD2d 1051; McLaurin v Ryder Truck Rental, 123 AD2d 671). We exercise our discretion to treat the appeal as one taken from the amended judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; McLaurin v Ryder Truck Rental, supra; Sanders v New York City Tr. Auth., 135…
2Cases cited10 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- De Long v. County of ErieNew York Court of Appeals · 1983
- Matott v. WardNew York Court of Appeals · 1979
- Stevens v. KirbyAppellate Division of the Supreme Court of the State of New York · 1982
- McLaurin v. Ryder Truck RentalAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by6 opinions
- Chabica v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1995
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- Szymanski v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1996
- Guzek v. B & L Wholesale Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Save Pine Bush, Inc. v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.