Hoot Group, Inc. v. Caplan

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), entered October 20, 2003, which, upon an order of the same court dated September 25, 2003, granting the plaintiffs motion for summary judgment, is in favor of the plaintiff and against him in the principal sum of $10,725. The notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CFLR 5512 [a]).

Ordered that the judgment is affirmed, with costs.

Although the plaintiff properly commenced this action in…