Travelsavers Enterprises, Inc. v. Analog Analytics, Inc.

Appellate Division of the Supreme Court of New York

Travelsavers Enterprises, Inc. v. Analog Analytics, Inc.

2017 NY Slip Op 3034, 149 A.D.3d 1003, 50 N.Y.S.3d 296

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 2017

Docket2014-09295

StatusPublished

This text of 2017 NY Slip Op 3034 (Travelsavers Enterprises, Inc. v. Analog Analytics, Inc.) 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

Travelsavers Enterprises, Inc. v. Analog Analytics, Inc., 2017 NY Slip Op 3034, 149 A.D.3d 1003, 50 N.Y.S.3d 296 (N.Y. Ct. App. 2017).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered July 22, 2014, as granted those branches of the motion of the defendants Analog Analytics, Inc., Barclays Bank Delaware, and Barclays, PLC, which were pursuant to CPLR 3211 (a) to dismiss the second, fourth, fifth, sixth, and seventh causes of action insofar as asserted against them, and to strike the plaintiff’s demands for damages in excess of damages recoverable pursuant to a damages limitation clause in the contract, and granted the motion of the defendant Kenneth Kalb to dismiss the complaint insofar as asserted against him.

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 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 companion appeal from the judgment (see CPLR 5501 [a] [1]; Travelsavers Enters., Inc. v Analog Analytics, Inc., 149 AD3d 1003 [2017] [decided herewith]).

Dillon, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered July 22, 2014, as granted those branches of the motion of the defendants Analog Analytics, Inc., Barclays Bank Delaware, and Barclays, PLC, which were pursuant to CPLR 3211 (a) to dismiss the second, fourth, fifth, sixth, and seventh causes of action insofar as asserted against them, and to strike the plaintiff’s demands for damages in excess of damages recoverable pursuant to a damages limitation clause in the contract, and granted the motion of the defendant Kenneth Kalb to dismiss the complaint insofar as asserted against him.

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 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 companion appeal from the judgment (see CPLR 5501 [a] [1]; Travelsavers Enters., Inc. v Analog Analytics, Inc., 149 AD3d 1003 [2017] [decided herewith]).

Dillon, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 3034, 149 A.D.3d 1003, 50 N.Y.S.3d 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelsavers-enterprises-inc-v-analog-analytics-inc-nyappdiv-2017.

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