Bandler v Liberty Chevrolet, Inc., 2010 NY Slip Op 50475(U)(App. Term 1st Dept. 2010)
Many people, I guess because of the volume of interlocutory appeals that our courts handle, seem to forget that an adverse summary judgment decision may be appealed from the final judgment after trial. The only caveat is that the motion may not have been appealed and dismissed or perfected and adjudicated. The Appellate Term, First Department stated the following:
Defendant Liberty Chevrolet, Inc. appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered February 3, 2009, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $23,348.84, which appeal brings up for review (see CPLR 5501[a][1]) an order (same court, Francis M. Alessandro, J.), dated June 3, 2008, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint as against it.
Judgment (Fernando Tapia, J.), entered February 3, 2009, appeal from which brought up for review an order (same court, Francis M. Alessandro, J.), dated June 3, 2008, reversed, with $30 costs, defendant Liberty Chevrolet’s motion for summary judgment granted and complaint dismissed as against it. The Clerk is directed to enter judgment accordingly.
…
Therefore, defendant’s motion for summary judgment dismissing the complaint in the within action… should have been granted.
In light of this determination, we need not address defendant’s assignments of trial error.
