Borges v Placeres

[*1] Borges v Placeres 2012 NY Slip Op 51883(U) Decided on October 3, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 3, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570722/06.

Jose Borges, Plaintiff-Respondent, - -

against

Alfred Placeres, Defendant-Appellant, - and - Entra America Inc., Jama L. Jbara, Adela Ivan, Defendants.

Defendant Alfred Placeres appeals from those portions of an order of the Civil Court of the City of New York, New York County (Frank P. Nervo, J.), entered February 16, 2012, which denied his motion to amend his answer and for summary judgment dismissing the complaint.

Per Curiam.

Appeal from order (Frank P. Nervo, J.), entered February 16, 2012, dismissed, without costs.

It being undisputed that the underlying legal malpractice action has now been tried to completion and judgment entered in plaintiff's favor, defendant's appeal from the interlocutory order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised here by defendant are reviewable upon appeal from the judgment (see CPLR 5501[a][1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 03, 2012