| GMS Batching, Inc. v TADCO Constr. Corp. |
| 2014 NY Slip Op 05772 [120 AD3d 549] |
| August 13, 2014 |
| Appellate Division, Second Department |
[*1]
| GMS Batching, Inc.,Respondent-Appellant, v TADCO Construction Corporation et al.,Appellants-Respondents, et al., Defendants. |
Bryan Ha, New York, N.Y., for appellants-respondents.
Andrew Rotstein, Brooklyn, N.Y., for respondent-appellant.
In an action, inter alia, to recover damages for breach of contract, the defendantsTADCO Construction Corporation and Frank DeMartino appeal from stated portions ofan order of the Supreme Court, Queens County (Schulman, J.), entered August 25, 2011,and the plaintiff cross-appeals from stated portions of the same order.
Ordered that the appeal and cross appeal are dismissed, without costs ordisbursements.
The appeal and cross appeal from the order must be dismissed because the right ofdirect appeal and cross appeal therefrom terminated with the entry of the judgment in theaction on June 13, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976]). Theissues raised on the appeal and cross appeal from the order are brought up for review(see CPLR 5501 [a] [1]) and have been considered on the companion appealfrom the judgment (see GMS Batching, Inc. v TADCO Constr. Corp., 120 AD3d 549 [2d Dept 2014] [decided herewith]). Eng, P.J., Leventhal, Lott and Roman, JJ.,concur.