
    Segal Company (Eastern States), Inc., Appellant, v 333W34 SLG Owner LLC, Respondent, et al., Defendants.
    [66 NYS3d 433]
   Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about March 27, 2017, which, to the extent appealed from as limited by the briefs, dismissed the first cause of action of the second amended complaint, unanimously affirmed, with costs.

In May 2016, the court dismissed the causes of action asserted in the complaint and first amended complaint regarding tax escalation, but gave plaintiff leave to replead a claim for breach of the implied covenant of good faith and fair dealing, with specific instructions (cf. Sheppard v Coopers, Inc., 13 Misc 2d 862, 865 [Sup Ct, NY County 1956], affd 3 AD2d 909 [1st Dept 1957]). Plaintiff filed a notice of appeal from the 2016 order but failed to perfect its appeal.

The second amended complaint fails to comply with the directions in the 2016 order; therefore, the court properly dismissed the cause of action for breach of the implied covenant of good faith and fair dealing (see Sheppard v Coopers’, Inc., 14 Misc 2d 180, 181 [Sup Ct, NY County 1957], appeal dismissed 7 AD2d 971 [1st Dept 1959], and 14 Misc 2d 211, 213 [Sup Ct, NY County 1958]).

Concur—Tom, J.P., Kapnick, Webber and Oing, JJ.  