Rapid Demolition Container Services, Inc. v. Maldonado

Judgment, Supreme Court, New York County (Faviola A. Soto, J.), entered December 16, 2004, dismissing the complaint, pursuant to an order, same court and Justice, entered November 10, 2004, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment, unanimously affirmed, without costs.

We deem the appeal to have been taken from the judgment (CPLR 5520 [c]; see Robertson v Greenstein, 308 AD2d 381 [2003], lv dismissed 2 NY3d 759 [2004]). Assuming arguendo plaintiffs business is limited to the removal of construction and…