CENTRAL INSURANCE AGENCY INC v. ESTATE OF KORMAN (2025)

DECISION & ORDER

In an action, inter alia, for rescission of an asset purchase agreement, the defendants appeal from an order of the Supreme Court, Suffolk County (James C. Hudson, J.), dated August 30, 2021. The order, insofar as appealed from, upon reargument, adhered to a prior determination in an order of the same court dated June 1, 2021, granting that branch of the plaintiffs’ motion which was for summary judgment rescinding the asset purchase agreement.

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

The appeal from the order dated August 30, 2021, must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1];  see Central Insurance Agency, Inc. v. Estate of Marshal R. Korman, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 1173223 [Appellate Division Docket No. 2023–01015;  decided herewith]).

IANNACCI, J.P., FORD, VOUTSINAS and MCCORMACK, JJ., concur.