Park Side Construction Contractors, Inc., plaintiff- appellant, v. LLC

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

Park Side Construction Contractors, Inc., plaintiff- appellant, v. Bryan's Quality Plus, LLC, defendant third-Party plaintiff-Respondent, Rossana Storani, et al., defendants-Respondents;  Darwin National Assurance Company, et al., third-Party defendants-Appellants.

2015–06772 (Index No. 600492/14)

Decided: December 20, 2017

JOHN M. LEVENTHAL, J.P. CHERYL E. CHAMBERS JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. Anthony A. Capetola, Williston Park, N.Y. (Robert Johnson of counsel), for plaintiff—appellant and third-party defendants-appellants. Joseph A. Fazio, Mineola, NY, for defendants-respondents and defendant third-party plaintiff-respondent.

Argued—October 17, 2017


Appeal from an order of the Supreme Court, Nassau County (Timothy S. Driscoll, J.), entered July 21, 2015.  The order denied the plaintiff's motion to discharge two mechanic's liens, and granted the cross motion of the defendant third-party plaintiff and defendants which was for leave to amend the notice of mechanic's liens nunc pro tunc.

ORDERED that the appeal is dismissed, with costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of a final judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248).  The issues raised on the appeal from the order entered July 21, 2015 are brought up for review and have been considered on the appeal from the judgment entered November 3, 2016 (see CPLR 5501[a][1];  Park Side Constr.  Contr., Inc. v Bryan's Quality Plus, LLC, _ AD3d _ [Appellate Division Docket No. 2016–10331;  decided herewith] ).



Aprilanne Agostino

Clerk of the Court

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