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CREDIT SUISSE FIRST BOSTON v. UTRECHT-AMERICA FINANCE CO.

5075, 601123/04.

84 A.D.3d 579 (2011)

923 N.Y.S.2d 482

CREDIT SUISSE FIRST BOSTON, Respondent, v. UTRECHT-AMERICA FINANCE CO. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2011.

Contrary to plaintiff's contention, the order appealed from, which decided a motion made on notice seeking to establish the proper legal measure of damages, clearly involves the merits of the controversy and affects a substantial right (see CPLR 5701 [a] [2] [iv], [v]) and thus is appealable (see Rondout Elec. v Dover Union Free School Dist., 304 A.D.2d 808, 810-811 [2003]; Scalp & Blade v Advest, Inc., ...

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