HILL DICKINSON LLP v. I1 SOLE LTD.

651329/15, 3668, 3667.

149 A.D.3d 471 (2017)

2017 NY Slip Op 02756

49 N.Y.S.3d 888

HILL DICKINSON LLP, Respondent, v. I1 SOLE LIMITED, Defendant, and MICHAEL HIRTENSTEIN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 11, 2017.


The right of direct appeal from the April 2016 order terminated upon entry of a final judgment, and the order may only be reviewed upon appeal from the final judgment (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). As the notice of appeal from the order and judgment was served more than 30 days after service of the order and judgment, with notice of entry, it was untimely (CPLR 5513 [a]). This is a jurisdictional defect that cannot...

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