Rodriquez v Chapman-Perry

Rodriquez v Chapman-Perry 2009 NY Slip Op 05403 [63 AD3d 645] June 30, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

Priscilla Rodriquez, Appellant,
v
Angela Chapman-Perry et al., Appellants, and Gustavo DeLeon et al., Respondents.

—[*1] Paul Ajlouny & Associates, P.C., Garden City (Neil Flynn of counsel), for Priscilla Rodriquez, appellant.

Abrams, Gorelick, Friedman & Jacobson, P.C., New York (Dennis J. Monaco of counsel), for Perry appellants.

Boeggeman, George & Corde, P.C., White Plains (Daniel E. O'Neill of counsel), for Gustavo DeLeon, respondent.

White, Quinlan & Staley, LLP, Garden City (Eileen Farrell of counsel), for Emanuel Salazar, respondent.

Appeal from decision, Supreme Court, Bronx County (John A. Barone, J.), entered May 19, 2008, which, in an action for personal injuries resulting from a multivehicle accident, granted the motions of defendants-respondents for summary judgment dismissing the complaint and all cross claims as against them, unanimously dismissed, without costs, as taken from a nonappealable paper.

Since the record does not contain the settled order that the motion court directed to implement its decision to dismiss the complaint as to respondents, the issues regarding the finding that respondents are entitled to summary judgment are not properly before this Court. No appeal lies from a decision (see CPLR 5512 [a]; Gunn v Palmieri, 86 NY2d 830 [1995]), or from an appealed paper directing the settlement of an order (see Murray Hill Manor Co. v Destination Paradise, 266 AD2d 132 [1999]).

Were we to deem the appeal properly taken from a duly entered appealable order or judgment, we would uphold the grant of summary judgment to respondents. There is no [*2]evidence that either respondent contributed to the happening of the accident (see Gonzalez v City of New York, 295 AD2d 122 [2002]). Concur—Mazzarelli, J.P., Saxe, Catterson, DeGrasse and Abdus-Salaam, JJ.