Opinion
September 11, 1995
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
The specific disclaimers in the contract negate any allegations that the written agreement was executed in reliance upon contrary oral misrepresentations (see, Danann Realty Corp. v Harris, 5 N.Y.2d 317). The plaintiffs' contention, which is raised for the first time on appeal, that there were mutual mistakes in entering into the contract is unpreserved for appellate review and without merit, as the contract did not misdescribe the property (cf., Weiland v Bernstein, 12 A.D.2d 945).
We have considered the plaintiffs' remaining contentions and find them to be without merit. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.