Dietz International Public Adjusters, Inc. v. Frankart Distributors, Inc.

Appeal from order, Supreme Court, New York County (Edith Miller, J.), entered January 27, 1988, denying defendant’s motion, pursuant to CPLR 4404 (a), to set aside the jury verdict on liability and damages, which permitted plaintiff to recover, in quantum meruit, the value of services rendered and punitive damages, or to direct judgment notwithstanding the verdict, unanimously dismissed as nonappealable.

"[W]ith the entry of a final judgment, an appeal from an intermediate order must fall, and the order can only be reviewed on an appeal from the final judgment if it affects the final judgment…