Beacon Sales Acquisition, Inc., etc., respondent, v. LLC (2026)

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

Beacon Sales Acquisition, Inc., etc., respondent, v. Hudson Valley Renovations, LLC, etc., et al., appellants.

2024–04596 (Index No. 4787 /22)

Decided: March 25, 2026

ANGELA G. IANNACCI, J.P. CHERYL E. CHAMBERS LILLIAN WAN JANICE A. TAYLOR, JJ.

Dupee & Monroe, P.C., Goshen, N.Y. (Jon C. Dupee, Jr., of counsel), for appellants. The Law Firm of Elias C. Schwartz, PLLC, Great Neck, N.Y. (Nicholas A. Tantone and Elizabeth Tobio of counsel), for respondent.

Argued—September 22, 2025

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Orange County (David J. Squirrell, J.), dated April 4, 2024. The order granted the plaintiff's motion for summary judgment on the complaint.

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

The appeal from the order 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). The issues raised on the appeal from the order are brought up for review and have been considered on the related appeal from the judgment (see CPLR 5501[a][1]; Beacon Sales Acquisition, Inc. v Hudson Valley Renovations, LLC, _ AD3d _ [Appellate Division Docket No. 2024–07130; decided herewith] ).

IANNACCI, J.P., CHAMBERS, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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