NAVA INDUSTRIES v. RUNGE (2020)

Supreme Court, Appellate Term, New York.

NAVA INDUSTRIES, Doing Business as Riteway Trunk & Auto, Respondent, v. Richard RUNGE, Doing Business as Runge Design, Appellant.

2018-2312 N C

Decided: January 30, 2020

PRESENT: THOMAS A. ADAMS, P.J., BRUCE E. TOLBERT, JERRY GARGUILO, JJ.

Certilman, Balin, Adler & Hyman, LLP (Anthony W. Cummings of counsel), for appellant. Meyers Saxon & Cole, Esqs. (Richard H. Byrnes of counsel), for respondent.

ORDERED that the appeal is dismissed.

In this breach of contract action, defendant failed to appear on an adjourned court date. The District Court marked the case file “liability for plaintiff” and, in effect, scheduled an inquest on damages (see Uniform Rules for Dist Cts [22 NYCRR] § 212.14 [b] [1] ). Defendant appeals from an order of the District Court dated September 12, 2018 denying his motion to, among other things, open his default.

The appeal must be dismissed, as the right of direct appeal from the order terminated with the entry of a judgment in December 2018 after the inquest (see Matter of Aho, 39 NY2d 241 [1976]).

Accordingly, the appeal is dismissed.

ADAMS, P.J., TOLBERT and GARGUILO, JJ., concur.

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