Pais-Built Homes, Inc. v. Beckett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal and the cross appeal from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Mat*727ter of Aho, 39 NY2d 241, 248). The issues raised on the appeal and the cross appeal from the orders are brought up for review and have been considered on the appeal and the cross appeal from the judgment (see CPLR 5501 [a] [1]).
We agree with the Supreme Court that there was a binding contract between the parties for the sale of a home. The contract provided that if radon were found in the home above “applicable…
2Cases cited6 opinions
- In re AhoNew York Court of Appeals · 1976
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Vassar v. . CampNew York Court of Appeals · 1854
- Cohen v. CerierAppellate Division of the Supreme Court of the State of New York · 1997
- S.R. Leon Co. v. The TowersAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- M & T Mortgage Corp. v. AlleyneAppellate Division of the Supreme Court of the State of New York · 2004
- S.J.K. Realtors, Inc. v. MatlockAppellate Division of the Supreme Court of the State of New York · 2003
- Anthony S. Vergatos & Family, Inc. v. T.C. Management LLCAppellate Division of the Supreme Court of the State of New York · 2005