Legal Opinion
Furio v. Palm Beach Club, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Plaintiff’s notice of appeal states that this appeal is taken from an order. A judgment was entered on the same date as the order from which this appeal is taken. Where, as here, the order is subsumed within a judgment, the appeal is from the judgment and not from the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal (see, CPLR 5520 [c]), and we deem the appeal to have been taken from the judgment (see, Soto v Montanez, 201 AD2d 876; Hughes v…
2Cases cited10 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Sherman v. RobinsonNew York Court of Appeals · 1992
- Silver v. Sheraton-Smithtown InnAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Taft v. ConnellAppellate Division of the Supreme Court of the State of New York · 2001
- Terico v. TericoAppellate Division of the Supreme Court of the State of New York · 1995
- Kain v. TestaAppellate Division of the Supreme Court of the State of New York · 2005
- PETTIT, MARK v. GREEN, RANDY B.Appellate Division of the Supreme Court of the State of New York · 2013