Home/Appellate Division of the Supreme Court of New York/D & J Air Conditioning & Mechanical Contracting, Inc. v. Joyce

D & J Air Conditioning & Mechanical Contracting, Inc. v. Joyce

259 A.D.2d 656, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2692
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 22, 1999
StatusPublished

This text of 259 A.D.2d 656 (D & J Air Conditioning & Mechanical Contracting, Inc. v. Joyce) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D & J Air Conditioning & Mechanical Contracting, Inc. v. Joyce, 259 A.D.2d 656, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2692 (N.Y. Ct. App. 1999).

Opinion

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from (1) an order of the Supreme Court, Rockland County (Carey, J.H.O.), dated January 5, 1998, which, after a nonjury trial, awarded judgment to the plaintiff, and (2) a judgment of the same court, entered January 26, 1998, which is in favor of the plaintiff and against him in the principal amount of $17,800.

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

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Contrary to the defendant’s contention, a contract existed between the parties (see, Otis El. Co. v Fuller Co., 172 AD2d 732, 733; see also, Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 NY2d 397). The Supreme Court properly found that the defendant was personally liable under the contract (see, Nico Constr. Co. v Dorn, 214 AD2d 355; Freidus v Sardelli, 192 AD2d 578, 580). O’Brien, J. P., Ritter, Thompson and Joy, JJ., concur.

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Related

BROWN BROS. v. Beam Constr.
361 N.E.2d 999 (New York Court of Appeals, 1977)
In re Aho
347 N.E.2d 647 (New York Court of Appeals, 1976)
Otis Elevator Co. v. George A. Fuller Co.
172 A.D.2d 732 (Appellate Division of the Supreme Court of New York, 1991)
Freidus v. Sardelli
192 A.D.2d 578 (Appellate Division of the Supreme Court of New York, 1993)
Nico Construction Co. v. Dorn
214 A.D.2d 355 (Appellate Division of the Supreme Court of New York, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
259 A.D.2d 656, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-j-air-conditioning-mechanical-contracting-inc-v-joyce-nyappdiv-1999.