Brooks v Judlau Contr., Inc.

2007 NYSlipOp 02868

April 3, 2007

Appellate Division, Second Department

As corrected through Wednesday, June 6, 2007

Stephen J. Brooks et al., Plaintiffs, v Judlau Contracting, Inc., Defendant and Third-Party Plaintiff-Respondent. Thunderbird Constructors, Inc., Third-Party Defendant-Appellant.

—[*1]Biedermann, Hoenig, Massamillo & Ruff, P.C., New York, N.Y. (Eugene F. Massamillo and Joshua Bruch of counsel), for defendant third-party plaintiff-respondent.

Cerussi & Spring, White Plains, N.Y. (Peter Riggs of counsel), for third-party defendant-appellant.

In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 2, 2001, which denied that branch of its motion which was for summary judgment dismissing the third-party claim for contractual indemnification.

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 the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]; Brooks v Judlau Contr., Inc., 39 AD3d 447 [2007] [decided herewith]). Crane, J.P., Ritter, Florio and Fisher, JJ., concur.