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