Legal Opinion
Milowski v. Michael
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 7 opinions
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 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CFLR 5501 [a] [1]).
The Supreme Court properly denied the defendants’ motion for summary judgment. The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Since the defendants failed to satisfy their burden on the motion, we need…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- In re AhoNew York Court of Appeals · 1976
- Gerhardt v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Nakyeoung Seoung v. VicunaAppellate Division of the Supreme Court of the State of New York · 2007
- Robertson v. United Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- Deutsche Bank National Trust Co. v. HounnouAppellate Division of the Supreme Court of the State of New York · 2017
- Hazell v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. Imagery Media, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Blaylock v. StateAppellate Division of the Supreme Court of the State of New York · 2014
- Blaylock v. StateAppellate Division of the Supreme Court of the State of New York · 2014
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