MH Residential 1, LLC v. Barrett, 41 Misc. 3d 24 (2013)

The holdover proceeding brought against respondent Waitman was separately tried to completion, resulting in a final judgment entered in petitioners’ favor. Since Waitman’s right to appeal from the interlocutory discovery order terminated upon entry of the final judgment against him (see Matter of Aho, 39 NY2d 241, 248 [1976]; MH Residential 1, LLC v Barrett, 102 AD3d 562 [2013]), we dismiss his present appeal while acknowledging that the issues raised herein by Waitman are reviewable upon his separately pending appeal from the final judgment.