Lewis v. R.H. Macy & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered September 23, 1993, which, upon an order of the same court, dated August 10, 1993, granting the defendants’ motion to dismiss the complaint for having been served on the wrong corporate defendant, dismissed the complaint. The plaintiffs’ notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).
Ordered that the judgment is modified, on the law and as an exercise of discretion, by…
2Cases cited7 opinions
- Ober v. HiltonAppellate Division of the Supreme Court of the State of New York · 1990
- Simpson v. Kenston Warehousing Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Creative Cabinet Corp. of America, Inc. v. Future Visions Computer StoreAppellate Division of the Supreme Court of the State of New York · 1988
- Ingenito v. Grumman Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Albilia v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Sally v. Keyspan Energy Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Board of Managers of Oyster Point Condominium v. NyceAppellate Division of the Supreme Court of the State of New York · 2010
- Sally v. Keyspan Energy Corp.Appellate Division of the Supreme Court of the State of New York · 2013