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BURNELL v. MARINE MIDLAND BANK

288 A.D.2d 784 (2001)

733 N.Y.S.2d 644

JOSEPH BURNELL et al., Appellants, v. MARINE MIDLAND BANK, Respondent.

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

Decided November 29, 2001.

Mugglin, J.

An appeal from a final judgment will bring with it for review an appeal from an intermediate order which necessarily affects the judgment (see, CPLR 5501 [a] [1]). This Court has consistently recognized the corollary implicit in this rule, namely, that entry of a final judgment in the action terminates the right to take an appeal from an intermediate order (see, Dubray v Pratt, 283 A.D.2d 869; Norwest...

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