Tambe Electric, Inc. v. Home Depot U.S.A., Inc.

Memorandum: Plaintiff commenced this action seeking damages in the amount of $69,085.58 for defendant’s alleged breach of a contract pursuant to which defendant was to provide copper wire to plaintiff at a price quoted by plaintiff. We note at the outset that, although defendant appeals from an order granting plaintiffs motion for summary judgment, the order was subsumed in the subsequent judgment. Nevertheless, we exercise our discretion to treat the notice of appeal as valid and deem the appeal as taken from the judgment (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; see…