CITY OF SYRACUSE PLAINTIFF APPELLANT v. AND JOHN DOE DEFENDANT (2017)

Supreme Court, Appellate Division, Fourth Department.

CITY OF SYRACUSE, PLAINTIFF–APPELLANT, v. COR DEVELOPMENT COMPANY, LLC, COR INNER HARBOR COMPANY, LLC, COR SOLAR STREET COMPANY IV, LLC, COR VAN RENSSELAER STREET COMPANY, LLC, COR WEST KIRKPATRICK STREET COMPANY, LLC, DEFENDANTS–RESPONDENTS, AND JOHN DOE, DEFENDANT.

CA 16–00543

Decided: February 10, 2017

PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, AND SCUDDER, JJ.

ROBERT P. STAMEY, CORPORATION COUNSEL, SYRACUSE (JOHN A. SICKINGER OF COUNSEL), FOR PLAINTIFF–APPELLANT. WHITEMAN, OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

MEMORANDUM AND ORDER

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

Memorandum: Plaintiff appeals from an order that, inter alia, dismissed its causes of action for breach of the implied covenant of good faith and fair dealing and for rescission of a contract. “The right to appeal from an intermediate order terminates with the entry of a final judgment” (Matter of Scott v. Manilla, 203 A.D.2d 972, 973; see Matter of Aho, 39 N.Y.2d 241, 248; see generally CPLR 5501[a][1] ). Inasmuch as a final judgment in this action was entered on February 29, 2016, plaintiff's appeal from the intermediate order, which was entered on January 25, 2016, must be dismissed.

Frances E. Cafarell

Clerk of the Court

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