Woodhaven Assoc., Inc. v Woodhaven Blvd. Rest., Inc.

Woodhaven Assoc., Inc. v Woodhaven Blvd. Rest., Inc. 2007 NY Slip Op 09771 [46 AD3d 679] December 11, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Woodhaven Associates, Inc., Respondent,
v
Woodhaven Blvd. Rest., Inc., et al., Appellants.

—[*1] Siller Wilk, LLP, New York, N.Y. (Alan D. Zuckerbrod of counsel), for appellants.

Law Offices of Eugene L. Weisbein, P.C., Garden City, N.Y. (James W. Cooke of counsel), for respondent. In an action, inter alia, to recover an attorney's fee due pursuant to a lease and guaranty, the defendants appeal from an order of the Supreme Court, Nassau County (Woodard, J.), entered December 15, 2005, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order appealed from is dismissed, with costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on December 27, 2006 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The appeal from that judgment was dismissed by decision and order on motion of this Court dated October 9, 2007, for failure to perfect that appeal in accordance with the rules of this Court (see 22 NYCRR 670.8 [h]). Krausman, J.P., Fisher, Angiolillo and Balkin, JJ., concur.