Florimon v. Xu

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the 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 appeal from the judgment (see CPLR 5501 [a] [1]).

This litigation arises out of a contract executed on June 10, 2005, for the sale by the defendants of certain vacant land in Queens to the plaintiff. The parties agreed to a purchase price of $380,000, with the plaintiff depositing a down…