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KIRBY v. TURNER CONSTRUCTION COMPANY

286 A.D.2d 618 (2001)

730 N.Y.S.2d 314

STEVEN KIRBY et al., Respondents, v. TURNER CONSTRUCTION COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 18, 2001.

A party's right to a direct appeal from an interlocutory order lapses upon the entry of a final judgment (Matter of Aho, 39 N.Y.2d 241, 248; Bingham v Struve, 245 A.D.2d 154). A final judgment was entered in this matter following the posttrial order from which defendant purports to appeal, and it is undisputed that defendant has not filed a timely...

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