Progressive Insurance v. Rudd Spray Service, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that defendant erroneously appeals from the decision rather than the judgment. We exercise our discretion to *875disregard that mistake in the notice of appeal (see, CPLR 5520 [c]). (Appeal from Judgment of Supreme Court, Onondaga County, Stone, J.—-Declaratory Judgment.) Present—Green, J. P., Pine, Doerr, Boehm and Fallon, JJ.
2Cited by2 opinions
- In re Erica R.Appellate Division of the Supreme Court of the State of New York · 1999
- Kerner v. KernerAppellate Division of the Supreme Court of the State of New York · 1999