Bank of Am., N.A. (USA) v Agiwal

Bank of Am., N.A. (USA) v Agiwal 2011 NY Slip Op 06990 Decided on October 4, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 4, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2007-09576
(Index No. 2115/06)

[*1]Bank of America, N.A. (USA), respondent,

v

Baijnath Agiwal, appellant. Baijnath Agiwal, Fresh Meadows, N.Y., appellant pro se.



 
DECISION & ORDER

In an action to recover damages for breach of contract and on an account stated, the defendant appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated September 7, 2007, which, after a hearing to determine the validity of service of process, denied his motion to dismiss the complaint for lack of personal jurisdiction.

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

The appeal from the intermediate order denying the defendant's motion to dismiss the complaint for lack of personal jurisdiction must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248).
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court