Legal Opinion

Marshall & Sterling, Inc. v. Southard

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

Decided March 22, 2017No. 2015-03021PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendant Daniel Southard appeals (1) from a decision of the Supreme Court, Dutchess County (Forman, J.), dated March 18, 2014, made after a nonjury trial, and (2), as limited by his brief, from so much of an order of the same court dated January 14, 2015, as denied that branch of his motion which was pursuant to CPLR 4404 (b) to set aside the decision.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

2Cases cited8 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. BDO Seidman v. HirshbergNew York Court of Appeals · 1999
  3. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  4. Lamb v. . Norcross Brothers Co.New York Court of Appeals · 1913
  5. Fingerlakes Chiropractic, P. C. v. MaggioAppellate Division of the Supreme Court of the State of New York · 2000

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Davis v. Marshall & Sterling, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Pool Doctor Mgt. Serv., Inc. v. Board of Mgrs. of the Meadowlands Estates Condominium, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Power-Flo Tech., Inc. v. CrispAppellate Division of the Supreme Court of the State of New York · 2024
  4. Schmuelian v. BichoupanAppellate Division of the Supreme Court of the State of New York · 2024

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