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Teichman v. Birbrower

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 543 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

Appeal from the Supreme Court, Westchester County (Ritter, J.).


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

Ordered that the judgment is affirmed, and it is further,

Ordered that the defendant 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Special Term did not abuse its discretion in declining to excuse the plaintiff's default since it affirmatively appears from the record that the complaint is without merit. Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.


Summaries of

Teichman v. Birbrower

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 543 (N.Y. App. Div. 1987)
Case details for

Teichman v. Birbrower

Case Details

Full title:SONJA TEICHMAN, Appellant, v. BARRY BIRBROWER, Respondent

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 543 (N.Y. App. Div. 1987)

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