USA v. Baijnath Agiwal, appellant. (2011)

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

Bank of America, N.A. (USA), respondent, v. Baijnath Agiwal, appellant.

2007–09576 (Index No. 2115 /06)

Decided: October 04, 2011

REINALDO E. RIVERA, J.P. RUTH C. BALKIN L. PRISCILLA HALL JEFFREY A. COHEN, JJ.

Baijnath Agiwal, Fresh Meadows, N.Y., appellant pro se.

Submitted—September 19, 2011

DECISION & ORDER

In an action to recover damages for breach of contract and on an account stated, the defendant appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated September 7, 2007, which, after a hearing to determine the validity of service of process, denied his motion to dismiss the complaint for lack of personal jurisdiction.

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

The appeal from the intermediate order denying the defendant's motion to dismiss the complaint for lack of personal jurisdiction must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248).

RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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