| Travelsavers Enters., Inc. v Analog Analytics, Inc. |
| 2017 NY Slip Op 03034 [149 AD3d 1003] |
| April 19, 2017 |
| Appellate Division, Second Department |
[*1]
| Travelsavers Enterprises, Inc., Doing Business as TravelsaversPartner Services, Appellant, v Analog Analytics, Inc., et al., Respondents, et al.,Defendant. |
Kasowitz, Benson, Torres & Friedman LLP, New York, NY (Michael Paul Bowen,Bradley Peter Lerman, and Stephen P. Thomasch of counsel), for appellant.
Hogan Lovells US LLP, New York, NY (Marc J. Gottridge and Marisa H. Lenok of counsel),for respondents Analog Analytics, Inc., Barclays Bank Delaware, and Barclays, PLC, and RopersMajeski Kohn Bentley P.C., New York, NY (Geoffrey W. Heineman and Jung H. Park ofcounsel), for respondent Analog Analytics, Inc. (one brief filed).
Nixon Peabody LLP, New York, NY (Barbara A. Lukeman, Juan Luis Garcia, and ThomasMealiffe of counsel), for respondent Kenneth Kalb.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals fromso much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered July 22, 2014,as granted those branches of the motion of the defendants Analog Analytics, Inc., Barclays BankDelaware, and Barclays, PLC, which were pursuant to CPLR 3211 (a) to dismiss the second,fourth, fifth, sixth, and seventh causes of action insofar as asserted against them, and to strike theplaintiff's demands for damages in excess of damages recoverable pursuant to a damageslimitation clause in the contract, and granted the motion of the defendant Kenneth Kalb todismiss the complaint insofar as asserted against him.
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 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 companion appeal from the judgment (see CPLR 5501 [a] [1];Travelsavers Enters., Inc. v Analog Analytics, Inc., 149 AD3d 1003 [2017] [decided herewith]). Dillon, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.