Rothstein & Hoffman Electric Service, Inc. v. Gong Park Realty Corp.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered May 18, 2006, awarding plaintiff damages and *207bringing up for review an order, same court and Justice, entered May 15, 2006, inter alia, granting plaintiffs motion for summary judgment, unanimously affirmed, with costs. Appeal from the May 15, 2006 order unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

Plaintiffs mistake in commencing a prior action against defendant seeking the same relief using the name of plaintiffs successor in interest was rectified by the action’s dismissal,…