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CHIHUAHUA v. BIRCHWOOD ESTATES, LLC

2019-02357, 2019-05338. Index No. 15-7321.

203 A.D.3d 1015 (2022)

166 N.Y.S.3d 179

2022 NY Slip Op 01987

Omar Rene Chihuahua et al., Plaintiffs, v. Birchwood Estates, LLC, et al., Respondents, and JMG Improvements, Inc., Appellant.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, White Plains, NY ( William T. O'Connell , of counsel), for appellant.

Gordon & Rees Scully Mansukhani, LLP, Harrison, NY ( Allyson A. Avila of counsel), for respondent Birchwood Estates, LLC.

MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, NY ( Jeffrey D. Sherwin of counsel), for respondent John Doyle.

Chambers, J.P., Roman, Genovesi and Dowling, 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 defendant Birchwood Estates, LLC, and the defendant John Doyle.

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

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