Jema Properties v. McLeod
| Decision Date | 10 February 1976 |
| Citation | 51 A.D.2d 702,388 N.Y.S.2d 872 |
| Parties | JEMA PROPERTIES, etc. v. Sandy McLEOD. |
| Court | New York Supreme Court — Appellate Division |
Motion for leave to appeal from an order of the Appellate Term, entered November 18, 1975, which affirmed an order entered in the Civil Court, New York County, granting petitioner-landlord's motion to strike the jury demand, dismissed. After the entry of the order, the parties went to trial and a judgment was entered on December 18, 1975. After a final judgment is entered, an appeal from the final judgment is the only method for reviewing an intermediate order. The right to a separate appeal from the intermediate order does not survive the entry of the final judgment. (See Dayon v. Downe Communications, Inc., 42 A.D.2d 889, 347 N.Y.S.2d 459, 460.)
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11 cases
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Kozlowski v. City of Amsterdam
...order, such as the one at issue, may be reviewed only in the context of an appeal from the final judgment (Jema Props. v. McLeod, 51 A.D.2d 702, 388 N.Y.S.2d 872). In her reply brief, plaintiff asserts that the failure to appeal from the judgment resulted from a secretarial oversight and th......
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Curtis v. Curtis
...review lies from the judgment (Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 404 N.Y.S.2d 608; Jema Props. v. McLeod, 51 A.D.2d 702, 388 N.Y.S.2d 872). However, in the absence of a showing of prejudice, this court can exercise its discretion and, in the interest of justice......
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National Bank of North America v. Kory
...judgment in the same action must fall and review may only be had upon appeal from the final judgment. See Jema Properties v. McLeod, 51 A.D.2d 702, 388 N.Y.S.2d 872 (1st Dept.). Where, however, the final judgment ministerially implements an order granting summary judgment, we have concluded......
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People v. White
...an intermediate order. Such an appeal does not, as a general rule, survive the entry of the final judgment. See Jema Properties v. McLeod, 51 A.D.2d 702, 388 N.Y.S.2d 872. The defendant has appealed from the final judgment, and the time to perfect has heretofore been enlarged to the May Ter......
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