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MALDEN v. R.P.S. PROPS., LLC

2018-11114. Index No. 510054/17.

192 A.D.3d 1002 (2021)

140 N.Y.S.3d 772

2021 NY Slip Op 01760

Kristine Malden et al., Appellants, et al., Plaintiffs, v. R.P.S. Properties, LLC, Defendant. Wykoff S.P., LLC, Nonparty Respondent.

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

Decided March 24, 2021.

Attorney(s) appearing for the Case

Fred L. Seeman , New York, NY ( Peter Kirwin of counsel), for appellants.

Kucker Marino Winiarsky & Bittens, LLP, New York, NY ( Jason M. Frosch of counsel), for nonparty-respondent.

Chambers, J.P., Miller, Duffy and Christopher, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the July 19, 2018 order must be dismissed because the right of direct appeal therefrom terminated with the entry of the December 13, 2018 order and judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues raised on the appeal from the July 19, 2018 order are brought up for review and have been considered on the appeal...

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