Laskaratos v Bay Ridge Hoyt Lender, LLC

Appellate Division of the Supreme Court, Second Department

Jul 22, 2020

2017-07908

Versions:

Peter C. Lomtevas, Brooklyn, NY, for appellant.

Goldberg Weprin Finkel Goldstein LLP, New York, NY (Matthew Hearle of counsel), for respondents.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated July 28, 2017. The order granted the defendants’ motion for summary judgment dismissing the complaint and on their counterclaims for a deficiency judgment and an award of attorneys’ fees.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the 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 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the companion appeal from the judgment (Laskaratos v Bay Ridge Hoyt Lender, LLC, 185 AD3d 908 [2020] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d at 248). Scheinkman, P.J., Cohen, LaSalle and Iannacci, JJ., concur.