Legal Opinion
Porreco v. Selway
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 1996PublishedCited by 20 opinions
1Opinion of the Court
*753The 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, 248). 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 Supreme Court did not improvidently exercise its discretion by dismissing the complaint because the plaintiff failed to appear at a deposition. That the plaintiffs conduct was willful and contumacious can be inferred from his repeated failure to…
2Cases cited3 opinions
- In re AhoNew York Court of Appeals · 1976
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
- Recht v. TeuscherAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by20 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Kubacka v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Herrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Maiorino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
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