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DEGRAW CONSTRUCTION GROUP, INC. v. McGOWAN BUILDERS, INC.

2018-00940, 2018-05951. Index No. 8072/14.

178 A.D.3d 770 (2019)

114 N.Y.S.3d 395

2019 NY Slip Op 08820

Degraw Construction Group, Inc., Respondent, v. McGowan Builders, Inc., et al., Appellants, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Law Firm of Joseph J. Hocking LLC, New York, NY, for appellants.

Zisholtz & Zisholtz, LLP, Garden City, NY ( Joseph McMahon of counsel), for respondent.

Mastro, J.P., Leventhal, Duffy and Brathwaite Nelson, JJ., concur.

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

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and...

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