Gerdvil v. Tarnowski
Cases that cite this one
5 later published cases cite this decision.
- Kohler v. Barker (Appellate Division of the Supreme Court of New York 2017)
- Schwartz v. Nagori (Appellate Division of the Supreme Court of New York 2014)
- Schwartz v. Nagori (Appellate Division of the Supreme Court of New York 2014)
- Doubrovinskaya v. Dembitzer (Appellate Division of the Supreme Court of New York 2010)
- Nabbore v. Schneider (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal, (1) as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered February 9, 2006, as denied that branch of their motion pursuant to CPLR 4404 which was to set aside a jury verdict in favor of the defendants and against them as against the weight of the evidence, (2) from a judgment of the same court dated August 28, 2006, which, upon the jury verdict, is in favor of the defendants and against them dismissing the complaint and awarding the defendants costs, and (3) from a resettled judgment of the same court dated August 30, 2006, which, upon the jury verdict, is in favor of the defendants and against them dismissing the complaint.
Ordered that the appeals from the order and the judgment are dismissed; and it is further,
Ordered that the resettled judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the defendants appearing separately and filing separate briefs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment and resettled judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the resettled judgment (see CPLR 5501 [a] [1]). Moreover, the judgment was superseded by the resettled judgment.
Under the facts of this case, the jury could have reasonably
The plaintiffs’ remaining contentions are unpreserved for appellate review, are without merit, or do not warrant reversal. Rivera, J.E, Goldstein, Skelos and Balkin, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.