Opinion
2001-03639
Argued October 7, 2002.
November 4, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered April 10, 2001, which denied its motion for summary judgment dismissing the complaint.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N.Y. (Donna Marie Baloy of counsel), for appellant.
Anthony J. Caputo, P.C., White Plains, N.Y. (Michael Fuller Sirignano and Joseph M. Buderwitz of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal from the order is dismissed, with 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 the appeal from the order are brought up for review on the appeal from the judgment (see CPLR 5501[a][1]; Loughran v. Town of Eastchester, 299 A.D.2d 329 [Appellate Division Docket No. 2001-08775, decided herewith]).
SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.