Opinion
March 28, 1994
Appeal from the Supreme Court, Orange County (Green, J.).
Ordered that plaintiff's cross appeal is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The cross appeal from the intermediate order must be dismissed because the right of direct appeal herefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248).
The defendant seller, Riverview of Highland, Inc., defaulted in its obligations under the contract. Thus, in this case, unlike Maxton Bldrs. v. Lo Galbo ( 68 N.Y.2d 373), the plaintiff buyer is entitled to a return of its down payment. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.