NAT'L FUEL GAS DISTRIBUTION CORP. v. CASE PIPELINE CORP.


144 A.D.2d 921 (1988)

National Fuel Gas Distribution Corporation, Respondent, v. Case Pipeline Corporation, Appellant

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

November 15, 1988


Judgment unanimously affirmed with costs.

Memorandum:

Subsequent to entry of the order appealed from, a judgment was entered. The judgment subsumed the directives of the order, and the appeal should have been taken from the judgment. We have exercised our discretion to treat the notice of appeal as one from the judgment (CPLR 5520 [c]; Frankel v Manufacturers Hanover Trust Co., 106 A.D.2d 542).

Defendant's...

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