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Brown v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 492 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

Appeal from the Supreme Court, Nassau County (Molloy, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law and the facts, so much of the order dated February 21, 1995, as granted the motion by JWP Welsbach Electric Corp., L.I., and the cross motion by the County of Nassau is vacated, the motion and cross motion of the respondents are denied, and the complaint is reinstated as against the respondents; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

We agree with the plaintiff that the award of summary judgment in favor of the respondents was premature under the circumstances of this case, inasmuch as substantial discovery in the action remains outstanding ( see, CPLR 3212 [f]; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Yu v. Forero, 184 A.D.2d 506; Efdey Elec. Contrs. v. Melita, 167 A.D.2d 501; Smith v. City of New York, 133 A.D.2d 818). Accordingly, the complaint is reinstated against the respondents. Balletta, J.P., Sullivan, Santucci and Altman, JJ., concur.


Summaries of

Brown v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 492 (N.Y. App. Div. 1996)
Case details for

Brown v. County of Nassau

Case Details

Full title:FRED BROWN, Appellant, v. COUNTY OF NASSAU et al., Respondents, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1996

Citations

226 A.D.2d 492 (N.Y. App. Div. 1996)
641 N.Y.S.2d 554

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