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CANTALUPO CONSTRUCTION CORP. v. 2319 RICHMOND TERRACE CORP.

2015-01117, Index No. 100906/11.

141 A.D.3d 626 (2016)

34 N.Y.S.3d 616

CANTALUPO CONSTRUCTION CORP., Appellant, v. 2319 RICHMOND TERRACE CORP., Defendant/Counterclaim Plaintiff-Respondent, et al., Defendants. CLAUDIO PERFETTO, Counterclaim Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 20, 2016.

Ordered that on the Court's own motion, the notice of appeal from the order dated February 4, 2015, is deemed to be an application for leave to appeal from so much of the order as, sua sponte, directed that the counterclaim defendant be personally liable for so much of the judgment dated March 26, 2014, as awarded 2319 Richmond Terrace Corp. the principal sum of $1,375,000, and leave to appeal is granted (see CPLR 5701 [c]), without costs or disbursements; and it is...

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