Narrative Opinion Summary
In Martell v. Dorchester Apt. Corp., the Appellate Division, Second Department, addressed an appeal concerning a personal injury lawsuit. The defendants, Dorchester Apt. Corp. and others, appealed an order from the Supreme Court of Kings County, which had denied their motion for summary judgment to dismiss the complaint. The Appellate Division dismissed the appeal, stating that the right to a direct appeal from the order had ended with the entry of judgment in the case. The court noted that the issues raised in the appeal from the order were not reviewable in the subsequent appeal from the judgment, as the order did not necessarily affect the judgment. The decision was rendered on September 14, 2022, with Judges Barros, Maltese, Wooten, and Warhit concurring. The order included costs to the respondents.
Legal Issues Addressed
Awarding of Costs on Appealsubscribe to see similar legal issues
Application: The court awarded costs to the respondents as part of its decision to dismiss the appeal.
Reasoning: The order included costs to the respondents.
Finality of Judgment and Right to Appealsubscribe to see similar legal issues
Application: The court ruled that the right to directly appeal from an order ends once a judgment is entered in the case.
Reasoning: The Appellate Division dismissed the appeal, stating that the right to a direct appeal from the order had ended with the entry of judgment in the case.
Reviewability of Orders on Appealsubscribe to see similar legal issues
Application: The court held that issues raised in an appeal from an order are not reviewable in a subsequent appeal from the judgment if the order did not affect the judgment.
Reasoning: The court noted that the issues raised in the appeal from the order were not reviewable in the subsequent appeal from the judgment, as the order did not necessarily affect the judgment.