Legal Opinion
Bank of New York v. Gray
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996PublishedCited by 4 opinions
1Opinion of the Court
*400The 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). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
Contrary to the appellant’s contention, the Supreme Court acted properly in denying his motion pursuant to CPLR 3215 (c) to dismiss. The record fully supports the court’s conclusion that the plaintiff actively took proceedings for the entry of judgment…
2Cases cited6 opinions
- In re AhoNew York Court of Appeals · 1976
- Orellano v. Samples Tire Equipment & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Nelson v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Q.P.I. Restaurants v. SlevinAppellate Division of the Supreme Court of the State of New York · 1983
- Hoffmann v. SalitanAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by4 opinions
- Bank of New York Mellon v. IzmirligilAppellate Division of the Supreme Court of the State of New York · 2016
- Cohen v. Michelle Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Skeete v. BellAppellate Division of the Supreme Court of the State of New York · 2002
- McKesson Corp. v. Gabe's Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 1998