NEWBURGH COMMERCIAL DEVELOPMENT CORP v. CAPPELLETTI (2023)

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated April 15, 2020.  The order denied the plaintiffs’ cross-motion for summary judgment for a declaratory judgment in their favor and granted the defendant's motion for summary judgment on his counterclaims and dismissing the complaint.

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

The appeal must be dismissed because the right of direct appeal from the order terminated with the entry of the judgment in this 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 and have been considered on the related appeal from the judgment (see CPLR 5501[a][1];  Matter of Aho, 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647;  Newburgh Commercial Dev. Corp., v. Cappelletti, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 3486567 [Appellate Division Docket No. 2020–04756;  decided herewith]).

DUFFY, J.P., CHRISTOPHER, ZAYAS and WAN, JJ., concur.