Legal Opinion
Henry & Baltic Associates v. K & Q Food Corp.
Appellate Terms of the Supreme Court of New York
Decided March 22, 2005Published
1Opinion of the Court
*84OPINION OF THE COURT
Memorandum.
Appeal from order dated February 11, 2003 unanimously dismissed.
Final judgment unanimously reversed without costs, tenant’s motion to dismiss the petition granted and petition dismissed.
The appeal from the order dated February 11, 2003 must be dismissed as the right of direct appeal therefrom terminated with the entry of the final judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on appeal from said order are brought up for review and have been considered on the appeal from the final judgment (see CPLR 5501 [a] [1]).
In this…
2Cases cited7 opinions
- In re AhoNew York Court of Appeals · 1976
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
- Lerner v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
- City of Buffalo Urban Renewal Agency v. Lane Bryant Queens, Inc.New York Court of Appeals · 1983
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