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HUGHES v. NUSSBAUMER, CLARKE & VELZY

140 A.D.2d 988 (1988)

William Hughes et al., Appellants, v. Nussbaumer, Clarke & Velzy et al., Defendants, and Nussbaumer & Clarke, Inc., Respondent. (And A Third-Party Action.) (Appeal No. 1.)

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

May 27, 1988

Judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

A judgment was entered after the entry of the order from which this appeal was taken. Where a prior order is subsumed within a judgment, the appeal is from the judgment, not the prior order (Chase Manhattan Bank v Roberts & Roberts, 63 A.D.2d 566). Nevertheless, absent prejudice to the respondent, this court has the discretionary...

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