Opinion
2014-08-13
GMS BATCHING, INC., respondent-appellant, v. TADCO CONSTRUCTION CORPORATION, et al., appellants-respondents, et al., defendants.
Bryan Ha, New York, N.Y., for appellants-respondents. Andrew Rotstein, Brooklyn, N.Y., for respondent-appellant.
Bryan Ha, New York, N.Y., for appellants-respondents. Andrew Rotstein, Brooklyn, N.Y., for respondent-appellant.
In an action, inter alia, to recover damages for breach of contract, the defendants TADCO Construction Corporation and Frank DeMartino appeal from stated portions of an order of the Supreme Court, Queens County (Schulman, J.), entered August 25, 2011, and the plaintiff cross-appeals from stated portions of the same order.
ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements.
The appeal and cross appeal from the order must be dismissed because the right of direct appeal and cross appeal therefrom terminated with the entry of the judgment in the action on June 13, 2012 ( see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal and cross appeal from the order are brought up for review ( seeCPLR 5501[a][1] ) and have been considered on the companion appeal from the judgment ( see GMS Batching, Inc. v. TADCO Construction Corporation, ––– A.D.3d ––––, –––N.Y.S.2d ––––, 2014 WL 3929111 [Appellate Division Docket No. 2012–07413; decided herewith] ). ENG, P.J., LEVENTHAL, LOTT and ROMAN, JJ., concur.