Cobrin v. County of Monroe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously *1012reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Jack Cobrin (plaintiff) appeals from an order that granted defendant’s motion for summary judgment. Subsequently, a judgment was entered dismissing the complaint. Because the order appealed from was subsumed in the judgment, the proper appeal is from the judgment. Nevertheless, we exercise our discretionary power and deem the appeal to have been taken from the judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).
Initially, we note that, in opposition to…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Schneider v. Ardsley Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Hightower v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1994
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- Finger v. CorteseAppellate Division of the Supreme Court of the State of New York · 2006
- Park v. Caesar Chemists, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- DiFusco v. Wal-Mart Discount CitiesAppellate Division of the Supreme Court of the State of New York · 1998
- Luciano v. Niagara Frontier Vocational Rehabilitation Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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