Opinion
2009-387 W C.
Decided December 1, 2009.
Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered August 15, 2008. The order, among other things, dismissed plaintiff's causes of action and set the matter down for a hearing with regard to Ravine Garden Condominium Association's counterclaims.
ORDERED that the appeal is dismissed.
PRESENT: NICOLAI, P.J., MOLIA and LaCAVA, JJ.
Plaintiff commenced the instant action seeking damages arising, in part, from an alleged improper imposition of assessments. An answer was interposed, which, among other things, denied liability and sought judgment against plaintiff by reason of his failure to pay assessments. By order entered August 15, 2008, the City Court, among other things, dismissed plaintiff's causes of action, found in favor of Ravine Garden Condominium Association on the issue of liability on its counterclaims and set the matter down for a hearing on damages with regard to said counterclaims. Plaintiff appeals from said order. A judgment was subsequently entered in favor of Ravine Garden Condominium Association for the total sum of $13,987.43.
The appeal from the intermediate order entered August 15, 2008 must be dismissed as the right of direct appeal therefrom terminated with the entry of judgment in the action on February 23, 2009 ( see Matter of Aho, 39 NY2d 241).
Nicolai, P.J., Molia and LaCava, JJ., concur.