Cohen v. National Grid USA
Opinion of the Court
The appeals from the order and the amended order must be dismissed because the right of direct appeal therefrom terminated with the entry of the amended judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order and the amended order are brought up for review and have been considered on the appeal from the amended judgment (see CPLR 5501 [a] [1]).
The plaintiffs failed to establish their entitlement to judgment as a matter of law on the first and second causes of action, inter alia, to recover damages for breach of contract based on the defendants’ failure to provide them with severance pay under a certain severance plan. The plaintiffs did not tender sufficient evidence demonstrating that the defendants had a regular practice of providing severance payments under the
In light of our determination, we do not reach the parties’ remaining contentions. Rivera, J.E, Angiolillo, Belen and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.