Scorsone v. Lampell

Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: A judgment was entered on the same date as the order from which this appeal was taken. The order is subsumed within the judgment and the appeal is properly from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567). Nevertheless, we exercise our discretionary power to treat the appeal as one taken from the judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, supra).

Supreme Court erred…