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MAYSHARK BUILDERS, INC. v. CHAUTAUQUA INST.

254 A.D.2d 707 (1998)

678 N.Y.S.2d 547

Mayshark Builders, Inc., Appellant, v. Chautauqua Institution, Respondent

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

October 2, 1998

Judgment unanimously affirmed with costs.

Memorandum:

We note that a judgment was entered on the same date as the order from which the appeal was taken. The order is subsumed within the judgment and the appeal is from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal, and we treat the appeal...

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