Opinion
2014-10-8
Norma VIGO, respondent, v. 501 SECOND STREET HOLDING CORP., et al., appellants, et al., defendants.
Rachel H. Nash, New York, N.Y., for appellants. Fidelity National Law Group, New York, N.Y. (Anthony Prisco of counsel), and Herrick Feinstein, LLP, New York, N.Y., for respondent (one brief filed).
Rachel H. Nash, New York, N.Y., for appellants. Fidelity National Law Group, New York, N.Y. (Anthony Prisco of counsel), and Herrick Feinstein, LLP, New York, N.Y., for respondent (one brief filed).
In an action to foreclose a mortgage, the defendants 501 Second Street Holding Corp. and 501 Second Street, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated October 6, 2011, as granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against them upon their failure to timely serve and file an answer to the complaint, and for the appointment of a referee to compute the amount of damages due to the plaintiff.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with entry of the final judgment of foreclosure and sale in the action ( 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 from the order are brought up for review and have been considered on the appeal from the final judgment of foreclosure and sale ( seeCPLR 5501[a][1] ) in the related appeal decided herewith ( see Vigo v. 501 Second Street Holding Corp., ––– A.D.3d ––––, –––N.Y.S.2d ––––, 2014 WL 4999997 [decided herewith; Appellate Division Docket No. 2012–11102] ). RIVERA, J.P., HALL, MILLER and DUFFY, JJ., concur.