COREY EPSTEIN, res, v. EAMONN'S BAR & NIGHT CLUB, app

2013-2310 RI C. COREY EPSTEIN, res, v. EAMONN'S BAR & NIGHT CLUB, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeals from an order of the Civil Court of the City of New York, Richmond County (Orlando Marrazzo, Jr., J.), dated April 4, 2013, and a judgment of the same court entered May 10, 2013. The judgment, entered pursuant to a February 11, 2013 decision, after a nonjury trial, awarding plaintiff the principal sum of $900,000, and the April 4, 2013 order which, upon a motion by plaintiff, modified the decision to provide, among other things, that defendant was 80 percent at fault and the assailant 20 percent at fault, and denied defendant's cross motion to set aside the decision, awarded plaintiff the principal sum of $900,000.

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2013-2310 RI C. COREY EPSTEIN, res, v. EAMONN’S BAR & NIGHT CLUB, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeals from an order of the Civil Court of the City of New York, Richmond County (Orlando Marrazzo, Jr., J.), dated April 4, 2013, and a judgment of the same court entered May 10, 2013. The judgment, entered pursuant to a February 11, 2013 decision, after a nonjury trial, awarding plaintiff the principal sum of $900,000, and the April 4, 2013 order which, upon a motion by plaintiff, modified the decision to provide, among other things, that defendant was 80 percent at fault and the assailant 20 percent at fault, and denied defendant’s cross motion to set aside the decision, awarded plaintiff the principal sum of $900,000.

ORDERED that the appeal from the order dated April 4, 2013 is dismissed, as the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]); and it is further,

COREY EPSTEIN, res, v. EAMONN'S BAR & NIGHT CLUB, app

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