| Mount Vernon City School Dist. v Nova Cas. Co. |
| 2010 NY Slip Op 08715 [78 AD3d 1028] |
| November 23, 2010 |
| Appellate Division, Second Department |
| Mount Vernon City School District, Respondent, v NovaCasualty Company, Appellant, et al., Defendant. |
—[*1] Cohen & Perfetto, LLP, New York, N.Y. (Anthony L. Tersigni and Andrea Tersigni ofcounsel), for respondent.
In an action to recover damages for breach of contract, the defendant Nova CasualtyCompany appeals, as limited by its brief, from so much of an order of the Supreme Court,Westchester County (Scheinkman, J.), entered August 4, 2008, as denied its motion for summaryjudgment dismissing the complaint insofar as asserted against it.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefromterminated with the entry of the judgment in the action (see Matter of Aho, 39 NY2d 241,248 [1976]). The issues raised on the appeal from the order are brought up for review and havebeen considered on the appeal from the judgment (see CPLR 5501 [a] [1]; MountVernon City School District v Nova Casualty Company, 78 AD3d 1028 [2010] [decidedherewith]). Dillon, J.P., Santucci, Dickerson and Chambers, JJ., concur.