Sunday, June 8, 2008

Appeal From Final Judgment, Not Intermediate Order

Complete Med. Svcs. of N.Y., P.C. a/a/o Donald McNair v. MVAIC
(App. Term, 2nd Dept., decided 5/28/2008)

By intermediate order dated February 8, 2007, Queens Civil granted summary judgment to plaintiff medical provider. MVAIC appealed from that order, but presumably not from a final judgment that subsequently was entered in that action.

The Appellate Term DISMISSED the appeal because "the right of direct appeal therefrom terminated with the entry of judgment in the action on March 13, 2007." Appellate review of an intermediate order is available only on appeal from the final judgment on the ground asserted, namely that the intermediate order necessarily affected the final judgment.

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