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FURIO v. PALM BEACH CLUB, INC.

204 A.D.2d 1053 (1994)

613 N.Y.S.2d 314

James R. Furio, Appellant, v. Palm Beach Club, Inc., Doing Business as The Network, et al., Respondents

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

May 27, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff's notice of appeal states that this appeal is taken from an order. A judgment was entered on the same date as the order from which this appeal is taken. Where, as here, the order is subsumed within a judgment, the appeal is from the judgment and not from the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988). We exercise our...

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