FRANKEL v. MFRS. HANOVER TRUST CO.


106 A.D.2d 542 (1984)

Martin E. Frankel et al., Appellants, v. Manufacturers Hanover Trust Company, Respondent. Lillyan Frankel, Additional Defendant on Counterclaim

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 24, 1984


Judgment affirmed insofar as appealed from, with one bill of costs.

Although the general rule is that an appeal taken from an order which is followed by an entry of final judgment in the same action must fall and review may only be had upon appeal from the final judgment, we have, in the interest of justice, deemed the notice of appeal from the order to be a notice of appeal from the subsequent judgment in which the order was subsumed (see Men's World Outlet v...

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