Appellate Division of the Supreme Court of New York, 1987

Kabelac v. Harding

Kabelac v. Harding
Appellate Division of the Supreme Court of New York · Decided February 27, 1987
127 A.D.2d 1011; 513 N.Y.S.2d 314; 1987 N.Y. App. Div. LEXIS 43522
Kabelac v. Harding

Opinion of the Court

Motion for reargument granted and, upon reargument, motion to dismiss appeal granted. Memorandum: We dismissed the appeal from the judgment entered by plaintiff on *1012July 15, 1986 because that judgment was duplicative of the judgment (denominated order) signed by the Trial Justice on April 24, 1986. The appeal properly lies from the April 24 judgment. Plaintiff contends that an appeal from the April 24 judgment would not be untimely because no notice of entry of that judgment has been served. That issue is not before us, however, for no appeal has been taken from the judgment of April 24. Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

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