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DOUGLAS HOLLY, INC. v. RICE

161 A.D.2d 560 (1990)

Douglas Holly, Inc., Doing Business as Holly Real Estate, Respondent, v. Lois Rice et al., Appellants

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

May 7, 1990

Ordered that the judgment is affirmed, with 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 (see, Hollander v Cayton, 145 A.D.2d 605

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