Behar v. Wiblishauser
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 the judgment in the action (see Matter of Aho, 39 *839NY2d 241, 248 [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 CPLR 5501 [a] [1]).
The plaintiffs and the defendants own adjoining parcels of residential property in Suffolk County. At issue is a three-foot-wide strip of the defendants’ driveway which encroaches onto the plaintiffs’ property. The defendants purchased their…
2Cases cited12 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- In re AhoNew York Court of Appeals · 1976
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Will v. GatesNew York Court of Appeals · 1997
- Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Behar v. WiblishauserAppellate Division of the Supreme Court of the State of New York · 2023
- Behar v. WiblishauserAppellate Division of the Supreme Court of the State of New York · 2012
- 10 Bethpage Rd., LLC v. 114 Woodbury Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- 114 Woodbury Realty, LLC v. 10 Bethpage Rd., LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Buroker v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2019
2 more not listed; retrieve them via the Exa API.