GSMS 2015 GC34 COMMERCE COURT LLC PLAINTIFF RESPONDENT v. CALAMAR CONSTRUCTION MANAGEMENT INC DEFENDANT APPELLANT (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

GSMS 2015-GC34 COMMERCE COURT, LLC, PLAINTIFF-RESPONDENT, v. CALAMAR CONSTRUCTION MANAGEMENT, INC., DEFENDANT-APPELLANT.

717 Decided: November 21, 2025

PRESENT: WHALEN, P.J., SMITH, NOWAK, AND HANNAH, JJ.

MCCARTER & ENGLISH, LLP, NEW YORK CITY (PHILLIP S. PAVLICK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from an order that, inter alia, granted plaintiff's motion insofar as it sought leave to conform the pleadings to the evidence. “The right to appeal from an intermediate order terminates with the entry of a final judgment” (City of Syracuse v COR Dev. Co., LLC, 147 AD3d 1510, 1510 [4th Dept 2017] [internal quotation marks omitted]; see Matter of Aho, 39 NY2d 241, 248 [1976]). Because the record of this case in the New York State Courts Electronic Filing System establishes that a final judgment was entered on August 26, 2025, of which we take judicial notice (see 1591 Second Ave. LLC v Metropolitan Transp. Auth., 202 AD3d 582, 583 [1st Dept 2022]), defendant's appeal from the intermediate order must be dismissed (see McDonough v Transit Rd. Apts., LLC, 164 AD3d 1603, 1603 [4th Dept 2018]; see generally Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1st Dept 1978]).

Entered: November 21, 2025

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network