PATEL LLC v. GREAT HEALTH INC (2023)

Supreme Court, Appellate Term, New York,

Vinod PATEL, Member of Chokshi Brothers, LLC, Respondent, v. GREAT HEALTH, INC., Doing Business as Good Cure Pharmacy and Arshad P. Bhutta, Appellants.

2022-569 Q C

Decided: April 28, 2023

PRESENT: WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LOURDES M. VENTURA, JJ.

Sinayskaya Yuniver, P.C. (Steven R. Yuniver and Geoffrey Liter of counsel), for appellants. Hertz, Cherson & Rosenthal, P.C. (David Troupp of counsel), for respondent.

ORDERED that the appeal is dismissed.

The appeal from so much of the order dated January 14, 2022 as denied tenants’ cross motion to, among other things, vacate or alter a stipulation of settlement must be dismissed as the right of direct appeal therefrom terminated upon the subsequent entry of a final judgment in this nonpayment proceeding on June 10, 2022 (see Matter of Aho, 39 NY2d 241, 248 [1976]; Wells Fargo Bank, N.A. v Licurse, 211 AD3d 989 [2022]; Eden v Alvillar, 76 Misc 3d 131[A], 2022 NY Slip Op 50905[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). We note that appellate review of this intermediate order will be available if brought up for review on a proper appeal (see Patel v Great Health, Inc., 2023 NY Slip Op 64330[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2023]) from the final judgment (see Matter of Aho, 39 NY2d at 248).

Accordingly, the appeal is dismissed.

TOUSSAINT, P.J., BUGGS and VENTURA, JJ., concur.

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