Aberbach-Marolda v Cherner
2026 NY Slip Op 02087
April 8, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
Susanne Aberbach-Marolda, etc., respondent, et al., plaintiff,
v
Daniel Cherner, appellant.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on April 8, 2026
2019-02950, (Index No. 58495/16)
Mark C. Dillon, J.P.
Betsy Barros
Paul Wooten
William G. Ford, JJ.
Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY (Brian J. Isaac of counsel), for appellant.
Susanne Aberbach-Marolda, Pleasantville, NY, respondent pro se.
DECISION & ORDER
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).
DILLON, J.P., BARROS, WOOTEN and FORD, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court