Opinion
October 24, 1994
Appeal from the Supreme Court, Westchester County (Burchell, J.).
Ordered that the plaintiff's cross appeal is dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the appeals are dismissed, without costs or disbursements, as the interlocutory judgment dated November 7, 1990, was superseded by a final judgment of the same court entered October 31, 1991, which, upon a jury verdict, is in favor of the defendants and against the plaintiff dismissing the complaint.
The appeals herein were from an interlocutory judgment establishing the fault of the respective defendants after a trial on the issue of liability only. However, at a trial on the issue of damages, which occurred while the appeals were pending, the jury determined that the plaintiff did not prove that her damages exceeded the no-fault threshold and the court entered a final judgment dated October 31, 1991, dismissing the complaint as against all defendants. The plaintiff has not appealed from this final judgment. As a result the appellants are no longer aggrieved by the interlocutory judgment dated November 7, 1990, on the question of liability and their appeal must be dismissed. Furthermore, upon entry of a final judgment in an action, any pending appeals from interlocutory judgments must be dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248). Balletta, J.P., Copertino, Hart and Krausman, JJ., concur.