Aberbach-Marolda v Cherner
2026 NY Slip Op 02087 [248 AD3d 850]
April 8, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, June 10, 2026
Susanne Aberbach-Marolda, Esq., Respondent, et al., Plaintiff,
v
Daniel Cherner, Appellant.
April 8, 2026
APPEARANCES OF COUNSEL
Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY (Brian J. Isaac of counsel), for appellant.
Susanne Aberbach-Marolda, Pleasantville, NY, respondent pro se.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated February 26, 2019. The order, insofar as appealed from, denied the defendant's motion for summary judgment on his counterclaims. Justice Ford has been substituted for former Justice Zayas (see 22 NYCRR 1250.1 [b]).
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the 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 NY2d 241, 248 [1976]). Dillon, J.P., Barros, Wooten and Ford, JJ., concur.