Opinion
02-10-2017
CITY OF SYRACUSE, Plaintiff–Appellant, v. COR DEVELOPMENT COMPANY, LLC, COR Inner Harbor Company, LLC, COR Solar Street Company IV, LLC, COR Van Rensselaer Street Company, LLC, COR West Kirkpatrick Street Company, LLC, Defendants–Respondents, and JOHN DOE, DEFENDANT.
Robert P. Stamey, Corporation Counsel, Syracuse (John A. Sickinger of Counsel), for plaintiff-appellant. Whiteman, Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), for defendants-respondents.
Robert P. Stamey, Corporation Counsel, Syracuse (John A. Sickinger of Counsel), for plaintiff-appellant.
Whiteman, Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), for defendants-respondents.
MEMORANDUM:
Plaintiff appeals from an order that, inter alia, dismissed its causes of action for breach of the implied covenant of good faith and fair dealing and for rescission of a contract. "The right to appeal from an intermediate order terminates with the entry of a final judgment" (Matter of Scott v. Manilla, 203 A.D.2d 972, 973, 614 N.Y.S.2d 342 ; see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ; see generally CPLR 5501[a] [1] ). Inasmuch as a final judgment in this action was entered on February 29, 2016, plaintiff's appeal from the intermediate order, which was entered on January 25, 2016, must be dismissed.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, and SCUDDER, JJ., concur.