Conde v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*570In an action to recover damages for personal injuries, the plaintiff Danny Postell appeals from a judgment of the Supreme Court, Queens County (Huttner, J.), entered March 11, 2004, which dismissed the complaint insofar as asserted by him. The plaintiffs notice of appeal from an order of the same court dated April 2, 2003, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]).
Ordered that the judgment is reversed, without costs or disbursements, the complaint insofar as asserted by the appellant is reinstated, and the matter is remitted to Supreme Court, Queens County,…
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