AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

BANK OF NEW YORK, Respondent, v. HARRISON M. GRAY et al., Defendants, and NICHOLAS KATOS, Appellant.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

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 N.Y.2d 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 within one year after the default and thereby complied with the statute ( see generally, Q.P.I. Rests. v. Slevin, 93 A.D.2d 767). In any event, the evidence clearly demonstrates the merits of the plaintiff's claim and sufficient cause for any alleged delay ( see generally, Rivera v. Shlagbaum, 204 A.D.2d 524; Hoffmann v Salitan, 203 A.D.2d 91).

The appellant's remaining contentions and requests for alternative relief were not raised in the court of first instance and therefore are not properly before us ( see, Orellano v Samples Tire Equip. Supply Corp., 110 A.D.2d 757; Nelson v Times Sq. Stores Corp., 110 A.D.2d 691). Mangano, P.J., Sullivan, Altman and Hart, JJ., concur.

Use AI to get other relevant cases.

Comments

BANK OF NEW YORK v. GRAY
(Jun 3, 1996)