Opinion
888 CA 18–00173
09-28-2018
Marilyn MCDONOUGH, Plaintiff–Respondent, v. TRANSIT ROAD APARTMENTS, LLC, and Park Lane Luxury Apartments, Defendants–Appellants.
BARTH SULLIVAN BEHR, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANTS–APPELLANTS. BROWN CHIARI LLP, BUFFALO (DAVID W. OLSON OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
BARTH SULLIVAN BEHR, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANTS–APPELLANTS.
BROWN CHIARI LLP, BUFFALO (DAVID W. OLSON OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendants appeal from an order denying their motion for summary judgment dismissing the complaint. The right to appeal from an intermediate order terminates upon the entry of a final judgment (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976] ; Deuser v. Precision Constr. & Dev., Inc., 149 A.D.3d 1540, 1540, 51 N.Y.S.3d 449 [4th Dept. 2017] ) and, because an amended judgment in favor of plaintiff was entered on July 19, 2018 following a bifurcated trial, defendants' appeal from the intermediate order must be dismissed (see Deuser, 149 A.D.3d at 1540, 51 N.Y.S.3d 449 ; see generally Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567, 404 N.Y.S.2d 608 [1st Dept. 1978] ). Defendants may raise their contentions in an appeal from the amended judgment (see Deuser, 149 A.D.3d at 1540, 51 N.Y.S.3d 449 ).