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UTCO v. CRISTO

191 A.D.2d 961 (1993)

595 N.Y.S.2d 340

Utco, Formerly Known as Synergetics, Respondent, v. Peter Cristo, Appellant

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

March 12, 1993

Judgment unanimously affirmed with costs.

Memorandum:

Because the directives of the "Order and Judgment" appealed from were subsumed in the "Final Judgment", from which no appeal was taken, we exercise our discretion to treat the notice of appeal as one taken from the "Final Judgment", rather than the prior order (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988).

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