NEUMAN v. OTTO


114 A.D.2d 791 (1985)

Carl H. Neuman, Individually and Doing Business as Lydia E. Hall Hospital, Respondent, v. Conrad A. Otto et al., Individually and Doing Business as Bayview Coffee Shoppe, Appellants

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

November 19, 1985


Appellant has neglected to appeal from the judgment 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 final judgment in the same action must fall and review may only be had upon appeal from the final judgment. Here, however, the final judgment ministerially implements the order granting summary judgment, and the appeal from the order should be deemed an appeal from the subsequent...

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