Excel Capital Group Corp., respondent, v. 225

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

Excel Capital Group Corp., respondent, v. 225 Ross Street Realty, Inc., appellant, et al., defendants.

2015–11460 (Index No. 1732/14)

Decided: October 31, 2018

RUTH C. BALKIN, J.P. LEONARD B. AUSTIN SYLVIA O. HINDS–RADIX FRANCESCA E. CONNOLLY, JJ. Andrew Citron, New York, NY, for appellant.

Argued—May 14, 2018

DECISION & ORDER

In an action to foreclose a mortgage, the defendant 225 Ross Street Realty, Inc., appeals from an order of the Supreme Court, Kings County (Lara J. Genovesi, J.), dated October 2, 2015.  The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against that defendant, to strike that defendant's answer, affirmative defenses, and counterclaims, and to appoint a referee to compute the amount due to the plaintiff.

ORDERED that the appeal is dismissed, with costs.

The appeal from the order dated October 2, 2015, must be dismissed because the right of direct appeal therefrom terminated with entry of the judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248).  The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment of foreclosure and sale (see CPLR 5501[a][1];  Excel Capital Group Corp. v 225 Ross Street Realty, Inc., _ AD3d _ [Appellate Division Docket No. 2017–00596;  decided herewith] ).

BALKIN, J.P., AUSTIN, HINDS–RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court