Opinion
17351 Index Nos. 650172/09, 650755/09, 650239/09 Case No. 2022-01277
02-16-2023
SUMMIT DEVELOPMENT CORP., doing business as Summit Waterproofing and Restoration Co., Plaintiff–Respondent, v. HUDSON MERIDIAN CONSTRUCTION GROUP LLC, et al., Defendants–Appellants. [And Other Actions]
Georgoulis PLLC, New York (Chris Georgoulis of counsel), for appellants. Mastropietro Law Group, PLLC, New York (John P. Mastropietro of counsel), for respondent.
Georgoulis PLLC, New York (Chris Georgoulis of counsel), for appellants.
Mastropietro Law Group, PLLC, New York (John P. Mastropietro of counsel), for respondent.
Renwick, J.P., Oing, Mendez, Rodriguez, Pitt–Burke, JJ.
Appeal from judgment, Supreme Court, New York County (David B. Cohen, J.), entered December 10, 2021, awarding plaintiff the total sum of $3,576,781.85 against defendants Hudson Meridian Construction Group LLC and Federal Insurance Company, unanimously dismissed, with costs, as taken from a nonappealable paper.
The judgment is not appealable as of right because it is one "entered subsequent to an order of the appellate division which disposes of all the issues in the action" ( CPLR 5701[a][1] ). The parties’ prior appeal from the posttrial order resulted in an order from this Court disposing of all issues ( Summit Dev. Corp. v. Hudson Meridian Constr. Group LLC, 198 A.D.3d 553, 156 N.Y.S.3d 166 [1st Dept. 2021] ). This Court's remittance to Supreme Court did not alter the finality of the order; the remittance involved only the ministerial act of mathematical calculations without requiring any further fact-finding or exercise of the court's discretion (see Greenburgh Eleven Union Free School Dist. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2 A.D.3d 109, 767 N.Y.S.2d 612 [1st Dept. 2003], lv dismissed 1 N.Y.3d 622, 777 N.Y.S.2d 21, 808 N.E.2d 1279 [2004] ).