Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
All County Paving Corp. v. County of Suffolk
Citations: 66 A.D.2d 617; 885 N.Y.S.2d 913
Court: Appellate Division of the Supreme Court of the State of New York; October 6, 2009; New York; State Appellate Court
In an action to recover damages for breach of contract, the defendant appeals two decisions from the Supreme Court of Suffolk County. The first is an order dated December 18, 2007, which denied the defendant's motion for summary judgment to dismiss the complaint and granted the plaintiffs' cross-motion for summary judgment. The second is a judgment dated March 17, 2008, awarding the plaintiff $395,287.52. The appeal from the order is dismissed because the right of direct appeal terminated upon the entry of the judgment, referencing Matter of Aho, 39 NY2d 241, 248 (1976). The issues raised in the appeal from the order were reviewed in the appeal from the judgment, as per CPLR 5501(a)(1). The judgment is affirmed based on the rationale provided in a companion case, Pav-Co Asphalt, Inc. v County of Suffolk, 66 AD3d 660 (2009). Additionally, a motion by the respondent to dismiss the appeals as academic was denied. The court confirmed the denial of the motion after reviewing the supporting and opposing papers and hearing the arguments. The Justices—Mastro, J.P., Santucci, Eng, and Lott—concurred in both decisions. One bill of costs was awarded to the plaintiff.