LAW OFFICE OF RONALD WEISS v. PILTAN (2025)

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendant Robert Babak Piltan appeals from an order of the Supreme Court, Suffolk County (Kathy G. Bergmann, J.), dated March 3, 2023.  The order denied that defendant's motion for leave to renew his opposition to that branch of the plaintiff's motion which was for summary judgment on the first cause of action, to recover damages for breach of contract, asserted against that defendant, which had been granted in an order of the same court dated November 1, 2022.

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

The appeal from the order dated March 3, 2023, 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 on the related appeal from the judgment (see CPLR 5501[a][1];  Law Office of Ronald D. Weiss, P.C. v. Piltan, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 2326767 [Appellate Division Docket No. 2024–02347;  decided herewith]).

CONNOLLY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.