206 ROUTE 59 HOLDINGS LLC v. BOYIATZIS HOLDINGS CO LLC (2026)

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

206 ROUTE 59 HOLDINGS, LLC, et al., respondents, v. BOYIATZIS HOLDINGS CO., LLC, et al., appellants.

2021–03243

Decided: August 19, 2026

COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LAURENCE L. LOVE, PHILLIP HOM, JJ.

Kenneth K. Ho (Sferrazza & Keenan, PLLC, Melville, NY [Joseph Sferrazza], of counsel), for appellants. Savad Churgin (Dennis E.A. Lynch, Nanuet, NY, of counsel), for respondents.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated April 8, 2021. The order, insofar as appealed from, granted the plaintiffs' motion for summary judgment on the cause of action to recover damages for breach of contract and denied that branch of the defendants' motion which was for summary judgment dismissing that cause of action.

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 an amended judgment in the 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 appeal from the amended judgment (see CPLR 5501[a][1]; 206 Route 59 Holdings, LLC v. Boyiatzis Holdings Co., LLC, ––– A.D.3d –––– [Appellate Division Docket Nos.2024–09147, 2024–09160, 2025–03153, 2025–03155; decided herewith] ).

DUFFY, J.P., WOOTEN, LOVE and HOM, JJ., concur.

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