Aberbach-Marolda v Cherner
2026 NY Slip Op 02088 [248 AD3d 850]
April 8, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2026
Susanne Aberbach-Marolda, Esq., Respondent, et al., Plaintiff,
v
Daniel Cherner, Appellant.
April 8, 2026
HEADNOTES
Appeal — Matters Appealable
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 March 6, 2019. The order denied the defendant's motion to vacate the note of issue and trial readiness order. 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]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d at 248; Aberbach-Marolda v Cherner, 248 AD3d 851 [2026] [decided herewith]). Dillon, J.P., Barros, Wooten and Ford, JJ., concur.