WOODS v. ALVAREZ

Citation Codes

Equivalent Citations

citation codes

Docket Number

2001-01614

Advocates

Fitzgerald Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Eugene S.R. Pagano, and Deborah P. Henkin of counsel), for plaintiffs-appellants. Cullen and Dykman, Brooklyn, N.Y. (Rona L. Kaplan of counsel), for defendant third-party plaintiff-appellant. Hodgson Russ, LLP, New York, N.Y. (Jeffrey J. Weiss of counsel), for third-party defendants-respondents.

Judges

Robert J. Miller

See more information ...

Smart Summary

Please sign up to generate summary.

SHEENA WOODS, ETC., ET AL., plaintiffs-appellants, v. MARTHA ELENA ALVAREZ, defendant third-party plaintiff-appellant; HECTOR SALANDY, ET AL., third-party defendants-respondents.

DECISION ORDER

ORDERED that the appeals are dismissed, without costs or disbursements.

The appeals 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 N.Y.2d 241, 248). The issues raised on the appeal by the defendant third-party plaintiff from the order are brought up for review and have been considered on the appeal by the defendant third-party plaintiff from the judgment (see CPLR 5501[a][1]; Woods v. Alvarez ( 300 A.D.2d 301 [Appellate Division Docket No. 2001-06198, decided herewith]). In any event, the plaintiffs' appeal must be dismissed because they are not aggrieved by the order (see CPLR 5511).

RITTER, J.P., ALTMAN, H. MILLER and COZIER, JJ., concur.

SHEENA WOODS, ETC., ET AL., plaintiffs-appellants, v. MARTHA ELENA ALVAREZ, defendant third-party plaintiff-appellant; HECTOR SALANDY, ET AL., third-party defendants-respondents.

Comments