Aberbach-Marolda v. Cherner

Summary

The Appellate Division, Second Department, dismissed an appeal from an order denying the defendant's motion to vacate the note of issue and trial readiness order. The court held that the right to directly appeal the order terminated upon entry of judgment, and that the issues were reviewable on the appeal from the judgment.

Holdings

1. The direct appeal from the order had to be dismissed because entry of the judgment terminated the right of direct appeal from the order; the issues raised were properly brought up for review on the appeal from the judgment.

Questions Presented

1. Whether the defendant could maintain a direct appeal from an order denying his motion to vacate the note of issue and trial readiness order after entry of the judgment in the action.

Disposition

dismissed