Susanne Aberbach–Marolda, etc., respondent, et al., plaintiff, v. Daniel Cherner, appellant. (2026)

Submitted—November 9, 2021

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated February 26, 2019.  The order, insofar as appealed from, denied the defendant's motion for summary judgment on his counterclaims.  Justice Ford has been substituted for former Justice Zayas (see 22 NYCRR 1250.1[b] ).

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).

DILLON, J.P., BARROS, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court