When the Trial Overtakes the Appeal
In an unusual turn of events, defendant moved to amend his answer and for summary judgment. His motion was denied, and he took an appeal. In an unusual timing situation, trial and verdict in the case , Borges v Placeres 2012 NY Slip Op 51883(U) Decided on October 3, 2012 Appellate Term, First Department favor of plaintiff mooted his appeal.
"It being undisputed that the underlying legal malpractice action has now been tried to completion and judgment entered in plaintiff's favor, defendant's appeal from the interlocutory order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 ). The issues raised here by defendant are reviewable upon appeal from the judgment (see CPLR 5501[a]). "