[*1]
Vets S., Inc. v Levine
2008 NY Slip Op 51096(U) [19 Misc 3d 143(A)]
Decided on May 27, 2008
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., TANENBAUM and MOLIA, JJ
2007-14 S C.

Vets South, Inc., Respondent,

against

Mitchell Levine, Appellant, -and- Tri Star Sales and Marketing, Inc., Defendant.


Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), entered September 8, 2006. The order denied a motion by defendant Mitchell Levine to dismiss the complaint as against him, granted plaintiff's cross motion for partial summary judgment against said defendant on the issue of liability, and set the matter down for a trial on the issue of damages.


Appeal dismissed.

The right of direct appeal from the order entered September 8, 2006 terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 247 [1976]).

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.