Legal Opinion

ProHealth Care Associates, LLP v. Prince

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012Published

1Opinion of the Court

*700The 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 NY2d 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]).

On an appeal from a judgment entered after a nonjury trial, the power of this Court “ ‘to review the evidence is as broad as that of the trial court, bearing in mind . . . that due regard must be given to the decision of the Trial Judge who…

2Cases cited13 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  4. Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
  5. Universal Leasing Services, Inc. v. Flushing Hae Kwan RestaurantAppellate Division of the Supreme Court of the State of New York · 1991

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