Bass v. Catucci

In an action to recover damages, inter alia, under RPAPL 861, the defendant William Catucci appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Nicolai, J.), dated March 18, 1991, as, upon an order of the same court dated March 12, 1991, granting the plaintiffs’ motion for summary judgment against him, awarded the plaintiff summary judgment and treble damages. The appellant’s notice of appeal from the order dated March 12, 1991, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is…