Heil Grinding & Manufacturing Co. v. Glasgow, Inc.

—Order and judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff appeals from a judgment that was subsequently amended by Supreme Court. In the exercise of our discretion, we deem plaintiff’s appeal from the judgment as taken from the subsequent amended order and judgment (see, Matter of Schunk, 136 AD2d 904).

The parties entered into an equipment lease agreement giving plaintiff the option of purchasing the equipment from defendant at the termination of…