DYLAN DEUSER PLAINTIFF RESPONDENT v. ET AL DEFENDANTS

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Supreme Court, Appellate Division, Fourth Department.

DYLAN DEUSER, PLAINTIFF–RESPONDENT, v. PRECISION CONSTRUCTION & DEVELOPMENT, INC., DEFENDANT–APPELLANT, ET AL., DEFENDANTS.

CA 16–01577

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ. KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR DEFENDANT–APPELLANT. MARCUS & CINELLI, LLP, WILLIAMSVILLE (BRIAN L. CINELLI OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:  Precision Construction & Development, Inc. (defendant) appeals from an order that, inter alia, denied its motion for summary judgment dismissing the complaint.  “The right to appeal from an intermediate order terminates with the entry of a final judgment” (City of Syracuse v. COR Dev. Co., LLC, 147 AD3d 1510, 1510 [internal quotation marks omitted];  see Matter of Aho, 39 N.Y.2d 241, 248;  see generally CPLR 5501[a][1] ).  Because a final judgment in this action was entered on January 17, 2017, defendant's appeal from the intermediate order must be dismissed.  Defendant may raise its contentions in an appeal from the final judgment (see generally Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 A.D.2d 566, 567).

Frances E. Cafarell

Clerk of the Court