From Casetext: Smarter Legal Research

Atlantic Hudson Realty, Inc. v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 558 (N.Y. App. Div. 2000)

Opinion

Submitted March 8, 2000.

April 20, 2000.

In an action to recover a real estate broker's commission, the defendant appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), entered April 12, 1999, which denied the plaintiffs' motion for summary judgment on the complaint and for summary judgment dismissing his counterclaims.

Birbrower, Montalbano, Condon Frank, P.C., New City, N Y (Judah S. Shapiro of counsel), for appellant.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements, as the defendant is not aggrieved by the order.

Because the order entered April 12, 1999, afforded the defendant the full relief sought in opposition to the plaintiffs' motion, i.e., a denial of that motion, he may not appeal from the order. This is so even though the defendant disagrees with the Supreme Court's particular findings (see, Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539, 545 ).


Summaries of

Atlantic Hudson Realty, Inc. v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 558 (N.Y. App. Div. 2000)
Case details for

Atlantic Hudson Realty, Inc. v. Rhodes

Case Details

Full title:ATLANTIC HUDSON REALTY, INC., et al., respondents, v. ROBERT RHODES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 2000

Citations

271 A.D.2d 558 (N.Y. App. Div. 2000)
707 N.Y.S.2d 845

Citing Cases

Schramm v. Cold Spring Harbor Laboratory

hereinafter Hickey Electric), failed to submit sufficient evidence to establish their entitlement to judgment…

Connely v. Progressive Cas. Ins.

Specifically, plaintiff seeks to strike from the order language in which the Civil Court set forth its…