Legal Opinion

Lagrasta v. Town of Oyster Bay

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

Decided October 4, 2011PublishedCited by 8 opinions

1Opinion of the Court

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [c]).

The plaintiff owned a boat that he docked at a marina owned, operated, and maintained by the defendant, Town of Oyster Bay. On August 21, 2006, the plaintiff allegedly was walking on a floating wooden dock at the marina to access his boat when he…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. In re AhoNew York Court of Appeals · 1976
  3. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  4. Gorman v. Town of HuntingtonNew York Court of Appeals · 2009
  5. Bolloli v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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3Cited by8 opinions

  1. Jackson v. Jamaica First Parking, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  2. Betz v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2013
  3. Green v. Albemarle, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Betz v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2013
  5. Green v. Albemarle, LLCAppellate Division of the Supreme Court of the State of New York · 2013

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