VEBELIUNAS v. OVERSTROM

160255/16. Appeal No. 12316-12316A. Case No. 2020-02567.

189 A.D.3d 653 (2020)

139 N.Y.S.3d 22

2020 NY Slip Op 07732

Vanda Vebeliunas et al., Respondents, v. Gunnar S. Overstrom, III, et al., Appellants.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel), for appellants.

Law Office of Fred L. Seeman, New York ( Peter Kirwin of counsel), for respondents.

Concur—Friedman, J.P., Renwick, Oing, Mendez, JJ.


This appeal was timely filed. We reject, as unpersuasive, plaintiffs' assertion that this appeal should be dismissed because defendants' notice of appeal from the decision and order granting summary judgment was timely, but their notice of appeal from the judgment that incorporated that decision and order was untimely. The initial filing was sufficient for jurisdictional purposes because the relief granted in the judgment is identical to that directed in the decision and...

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