ROC LE TRIOMPHE ASSOCIATES LLC v. Concept Salon Ltd., Defendant. (2024)

Appeal from judgment, Supreme Court, New York County (Paul A. Goetz, J.), entered September 13, 2022, which dismissed the complaint as against defendants Helio DeSouza and Andrea Piccolo, unanimously dismissed, without costs.

Plaintiff's appeal of the judgment does not bring up for review the motion court's prior order, granting summary judgment for defendants Helio DeSouza and Andrea Piccolo, as it was a final order that dismissed all claims asserted against them as guarantors of the tenant's lease obligations (see Geronimo v. Guzman, 216 A.D.3d 455, 455, 187 N.Y.S.3d 645 [1st Dept. 2023];  see also Burke v. Crosson, 85 N.Y.2d 10, 15–16, 623 N.Y.S.2d 524, 647 N.E.2d 736 [1995]).  The subsequent entry of judgment was a mere “ministerial act” that did not excuse plaintiff's failure to file a notice of appeal of the summary judgment order (see Geronimo, 216 A.D.3d at 455, 187 N.Y.S.3d 645;  see also Burns v. Pace Univ., 25 A.D.3d 334, 335, 809 N.Y.S.2d 3 [1st Dept. 2006], lv denied 7 N.Y.3d 705, 819 N.Y.S.2d 872, 853 N.E.2d 243 [2006]).