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 March 6, 2019.  The order denied the defendant's motion to vacate the note of issue and trial readiness order.  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).  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];  Matter of Aho, 39 N.Y.2d at 248;  Aberbach–Marolda v. Cherner, _ AD3d _ [Appellate Division Docket No. 2019–09826;  decided herewith] ).

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

ENTER:

Darrell M. Joseph

Clerk of the Court