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KOTLYAR v. KHLEBOPROS

2016-07096, 2016-08032, Index No. 13582/13.

176 A.D.3d 793 (2019)

109 N.Y.S.3d 449

2019 NY Slip Op 07243

Zina Kotlyar et al., Respondents, v. Aleksandr Khlebopros, Defendant/Third-Party Plaintiff-Appellant, and Seagate Mini Mall, Inc., et al., Respondents. Iosif Felsherov, Third-Party Defendant-Respondent.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Cherny & Podolsky, PLLC, Brooklyn, NY ( Steven V. Podolsky and Mari Milorava-Kelman of counsel), for defendant third-party plaintiff-appellant.

Robert Bondar , Brooklyn, NY, for plaintiffs-respondents.

Yoram Nachimovsky, PLLC, New York, NY ( Nicholas S. Ratush of counsel), for defendants-respondents.

Treybich Law, P.C., New York, NY ( Michael Treybich of counsel), for third-party defendant-respondent.

Balkin, J.P., Leventhal, Roman and Connolly, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The appeal from the order dated June 1, 2016, must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment (see Matter of Aho, 39 N.Y.2d 241

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