Centrifugal Associates, Inc. v. Highland Metal Industries, Inc.

—Order, Supreme Court, New York County (Louis York, J.), entered September 13, 1994, which, inter alia, directed entry of judgment in favor of defendant in the principal sum of $169,939, unanimously affirmed, with costs.

On this appeal from the IAS Court’s order, plaintiff cannot challenge the court’s ruling, during trial, to discharge the jury and convert the hearing into a nonjury trial (see, Royal v Brooklyn Union Gas Co., 122 AD2d 132, 133). CPLR 5501 (a) (3) does not apply absent entry of judgment. In any event, were this Court to reach the merits of the claim, we would find that…