(DOWNLOAD) "Kovac v. Giraldo" by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts # eBook PDF Kindle ePub Free
eBook details
- Title: Kovac v. Giraldo
- Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellants have neglected to appeal from the judgment entered November 12, 2004 which was subsequent to the order granting summary judgment. The customary rule has been that an appeal taken from an order which is followed by the entry of judgment in the same action must fall and review may only be had upon an appeal from the judgment. Here, however, the judgment ministerially implements the order granting summary judgment. Thus, the appeal from the order should be deemed an appeal from the subsequent judgment in which the order was subsumed, and the appeal should be considered on the merits (Neuman v Otto, 114 AD2d 791 [1985]; Contemp. Med. Diag. & Treatment, P.C. v Government Empls. Ins. Co., 6 Misc 3d 137[A], 2005 NY Slip Op 50254[U] [App Term, 2d & 11th Jud Dists]).