Hirschfield v. Hirschfield
| Citation | 54 A.D.2d 656,388 N.Y.S.2d 577 |
| Parties | Leonard HIRSCHFIELD, Plaintiff-Appellant, v. Ruth HIRSCHFIELD et al., Defendants-Respondents. |
| Decision Date | 26 October 1976 |
| Court | New York Supreme Court — Appellate Division |
S. Siller, New York City, for plaintiff-appellant.
A. Potruch, for defendants-respondents.
Before MARKEWICH, J.P., and MURPHY, LUPIANO, BIRNS and NUNEZ, JJ.
Appeal from the order, Supreme Court, New York County, entered March 13, 1975, unanimously dismissed, without costs and without disbursements. The appeal purports to be from an intermediate order which denied an application to take depositions in aid of plaintiff's cause of action. After a final judgment is entered, an appeal from the final judgment is the only method for reviewing an intermediate order. See Jema Properties v. Sandy McLeod, 51 A.D.2d 702, 388 N.Y.S.2d 872; Dayon v. Downe Communications, 42 A.D.2d 889, 347 N.Y.S.2d 460. To review an intermediate order on an appeal from a final judgment pursuant to CPLR 5501(a)(1) the order must be one which necessarily affects the final judgment. The order appealed from does not necessarily affect the final judgment and is not properly reviewable on appeal therefrom. See CPLR 5501(a) (1); Dulber v. Dulber, 37 A.D.2d 566, 322 N.Y.S. 862.
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