VETS S., INC. v. LEVINE

Full title: VETS SOUTH, INC., Respondent, v. MITCHELL LEVINE, Appellant,-and-Tri Star…

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

Date published: May 27, 2008

2008 N.Y. Slip Op. 51096 (N.Y. App. Term 2008)

Opinion

2007-14 S C.

Decided May 27, 2008.

Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), entered September 8, 2006. The order denied a motion by defendant Mitchell Levine to dismiss the complaint as against him, granted plaintiff's cross motion for partial summary judgment against said defendant on the issue of liability, and set the matter down for a trial on the issue of damages.

Appeal dismissed.

PRESENT: RUDOLPH, P.J., TANENBAUM and MOLIA, JJ.

The right of direct appeal from the order entered September 8, 2006 terminated with the entry of judgment in the action ( see Matter of Aho, 39 NY2d 241, 247).

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.