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SCHINDLER ELEVATORCORP. v. TULLY CONSTR. CO., INC.

2014-05217, 2016-03857, Index No. 19193/10.

139 A.D.3d 930 (2016)

30 N.Y.S.3d 707

2016 NY Slip Op 03868

SCHINDLER ELEVATOR CORPORATION, Respondent, v. TULLY CONSTRUCTION CO., INC., Appellant.

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

Decided May 18, 2016.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law and the facts, and the complaint is dismissed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The appeal from the intermediate 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...

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