Romeo v. Schmidt

—Appeal from order insofar as it granted summary judgment on first cause of action unanimously dismissed, cross appeal from order insofar as it stayed execution of judgment dismissed and order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We dismiss defendants’ appeal from that portion of the order granting plaintiff Robert D. Romeo summary judgment on the first cause of action; defendants’ appeal from the final judgment brings up for review that portion of the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; CPLR 5501…