McCormack v. Maloney, 148 A.D.3d 1268 (N.Y. App. Div. 2017). · Go Syfert
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McCormack v. Maloney, 148 A.D.3d 1268 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Santander Consumer USA, Inc. v. Autorama Enters., Inc.
N.Y. App. Div. · 2022 · confidence medium
A final order or judgment is one that disposes of all of the causes of action between the parties in the action or proceeding and leaves nothing for further judicial action apart from mere ministerial matters" ( McCormack v Maloney , 148 AD3d 1268, 1268-1269 [2017] [internal quotation marks, brackets and citations omitted]; see Richard C.
discussed Cited "see" MTGLQ Invs., L.P. v. Miciotta
N.Y. App. Div. · 2022 · signal: see · confidence high
Co. v Merritt & McKenzie, Inc. , 159 AD3d 1156 , 1158 [2018]), defendant's argument is not properly before this Court at this time; defendant failed to appeal the October 2018 order, and the October 2020 order on appeal does not constitute a "final judgment" that would bring up for review any prior nonfinal orders in the action (CPLR 5501 [a] [1]; see McCormack v Maloney , 148 AD3d 1268, 1268-1269 [2017]; Richard C.
discussed Cited "see" Lai v. Montes
N.Y. App. Div. · 2020 · signal: see · confidence high
However, the September 2017 order, from which defendants did ultimately timely appeal, [FN2] is a final order in that it "dispose[d] of all of the causes of action between the parties in the action . . . and [left] nothing for further judicial action" ( Burke v Crosson , 85 NY2d 10, 15 [1995]; see McCormack v Maloney , 148 AD3d 1268, 1268-1269 [2017]).
discussed Cited "see" Estate of Joyce Savage v. Kredentser
N.Y. App. Div. · 2020 · signal: see · confidence high
Therefore, the appeal and cross appeal must be dismissed because "the right to appeal from a nonfinal order terminates upon the entry of a final judgment" ( Augusta v Kwortnik , 161 AD3d 1401 , 1403 [2018]; see McCormack v Maloney , 148 AD3d 1268, 1268-1269 [2017]).
discussed Cited "see" Augusta v. Kwortnik
N.Y. App. Div. · 2018 · signal: accord · confidence high
The appeal from the August 2016 order must be dismissed because "the right to appeal from a nonfinal order terminates upon entry of a final judgment" ( State of New York v Joseph , 29 AD3d 1233 , 1234 n [2006], lv denied 7 NY3d 711 [2006]; accord McCormack v Maloney , 148 AD3d 1268, 1268 [2017]).
Retrieving the full opinion text from the archive…
Donald H. McCormack
v.
Kevin P. Maloney
Appellate Division of the Supreme Court of the State of New York.
Mar 2, 2017.
148 A.D.3d 1268
Egan, McCarthy, Mulvey, Peters, Rose.
Cited by 5 opinions  |  Published
Mulvey, J.

Appeals (1) from an order of the County Court of Essex County (Meyer, J.), entered August 18, 2015, which granted defendant’s motion to strike plaintiff’s demand for a jury trial, and (2) from an order of said court, entered August 25, 2015, which denied plaintiff’s motion for summary judgment.

In 2010, plaintiff filed a summons and complaint seeking foreclosure of a mortgage given by defendant. A default judgment entered against defendant was later vacated and defendant was permitted to serve an answer with counterclaims. Both parties moved for summary judgment and County Court denied both motions, finding several issues of fact. Plaintiff filed a second motion for summary judgment, which was again denied. Plaintiff appeals from that order, as well as a prior order granting defendant’s motion to strike plaintiff’s demand for a jury trial.

While these appeals were pending, a nonjury trial was held resulting in a November 7, 2016 order in favor of plaintiff. “[T]he right to appeal from a nonfinal order terminates upon the entry of a final judgment” (State of New York v Joseph, 29 AD3d 1233, 1234 n [2006], lv denied 7 NY3d 711 [2006]; accord Matter of 1801 Sixth Ave., LLC v Empire Zone Designation Bd., 95 AD3d 1493, 1495 [2012], lv dismissed 20 NY3d 966 [2012]). “[A] ‘final’ order or judgment is one that disposes of all of the causes of action between the parties in the action or proceeding[*1269] and leaves nothing for further judicial action apart from mere ministerial matters” (Burke v Crosson, 85 NY2d 10, 15 [1995]). The November 2016 order resolved all factual and legal issues between the parties and is the final order in this action (see id. at 15-16; Town of Coeymans v Malphrus, 252 AD2d 874, 875 [1998]). Further, because plaintiff prevailed at trial, he is no longer an aggrieved party (see CPLR 5511). Accordingly, the instant appeals must be dismissed (see e.g. Matter of Cobleskill Stone Prods., Inc. v Town of Schoharie, 126 AD3d 1094, 1095 n 2 [2015]; State of New York v Joseph, 29 AD3d at 1234 n).

Peters, P.J., McCarthy, Egan Jr. and Rose, JJ., concur.

Ordered that the appeals are dismissed, without costs.