East Hampton Union Free Sch. Dist. v Sandpebble Bldrs., Inc.East Hampton Union Free Sch. Dist. v Sandpebble Bldrs., Inc.
v
Sandpebble Builders, Inc., Respondent.
Pinks, Lipshie, White & Nemeth, Hauppauge, NY (Steven G. Pinks and Jonathan W. Lipshie of counsel), for appellant.
Esseks, Hefter, Angel, Di Talia & Pasca, LLP, Riverhead, NY (Stephen R. Angel, Anthony C. Pasca, and Amanda Star Frazer of counsel), for respondent.
In an action, inter alia, for a judgment declaring that a contract dated April 2002 is void and unenforceable, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jerry Garguilo, J.), dated January 15, 2016. The order denied the plaintiff‘s motion for summary judgment, in effect, declaring that the damages the defendant could recover on its first counterclaim were limited pursuant to paragraphs 9.6 and 9.7 of the April 2002 contract.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed, as the right of direct appeal from the order terminated with the entry of the judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). Austin, J.P., Roman, Sgroi and LaSalle, JJ., concur. [Prior Case History: 2016 NY Slip Op 30170(U).]