North Fork Bank v. Rosen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
The plaintiff proved its entitlement to judgment as a matter of law by submitting in support of its motion proof of the promissory notes and guaranties, and of the defendant’s failure to make the payments provided for by the terms of those notes and…
2Cases cited10 opinions
- In re AhoNew York Court of Appeals · 1976
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.New York Court of Appeals · 1986
- Silber v. MuschelAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by5 opinions
- Urstadt Biddle Properties, Inc. v. Excelsior Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- North Fork Bank v. Hamptons Mist Management Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- North Fork Bank v. ABC Merchant Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- North Fork Bank v. Hamptons Mist Management Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Zipser v. ZipserAppellate Division of the Supreme Court of the State of New York · 1997