Wadsworth Ave. Assoc. v Maynard

Wadsworth Ave. Assoc. v Maynard 2007 NY Slip Op 08373 [45 AD3d 316] November 8, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Wadsworth Avenue Associates, Appellant,
v
Kenneth L. Maynard, Respondent.

—[*1] Robert H. Haggerty, Vero Beach, Fla., for appellant.

Kennedy Johnson Gallagher LLC, New York City (Derek McNally of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Rolando T. Acosta, J.), entered October 23, 2006, which, in an action by a limited partner (Haggerty) against a general partner, denied Haggerty's motion to vacate an order, same court and Justice, entered November 19, 2004, denying his motion for summary judgment, unanimously dismissed, with costs in favor of defendant payable by plaintiff.

A prior appeal by Haggerty from the November 19, 2004 order was dismissed as academic because of the subsequent entry of a judgment from which Haggerty did not appeal (23 AD3d 302 [2005]). Consequently, Haggerty's appeal from the order denying his motion to vacate the November 19, 2004 order (actually an untimely motion to reargue) must also be dismissed. Concur—Andrias, J.P., Saxe, Nardelli, McGuire and Malone, JJ.