- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 22 2013 (Date Decided)
- Friedman, J.P., Renwick, Manzanet-Daniels, Romn, Clark, JJ.
9040-9041. RICHARD WARE LEVITT DOING BUSINESS AS LEVITT & KAIZER, ATTORNEYS AT LAW, ETC., plf-res, v. JEFFREY BROOKS, def-ap — Garvey Schubert Barer, New York (Andrew J. Goodman of counsel), for ap — Levitt & Kaizer, New York (Dean M. Solomon of counsel), for res — Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered November 3, 2011, awarding plaintiff the principal amount of $224,956.16, and bringing up for review an order, same court and Justice, entered October 31, 2011, which granted plaintiff's motion for summary judgment on his breach of contract claim, unanimously affirmed, with costs. Appeal from the order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.