Opinion
December 27, 1993
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that appeal from so much of the order as awarded summary judgment to the defendant Net Properties Management, Inc., is dismissed, and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that judgment is affirmed; and it is further,
Ordered that the respondents appearing separately and filing separate briefs are awarded one bill of costs.
The appeal from so much of the intermediate order as awarded summary judgment to the defendant Net Properties Management, Inc., 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]).
Since the plaintiffs failed to present evidence that the respondents created or had actual or constructive knowledge of the alleged dangerous condition, the court properly awarded summary judgment to the respondents (see, Scirica v Ariola Pastry Shop, 171 A.D.2d 859; Johnson v Grand Union Co., 158 A.D.2d 517; see also, Gordon v American Museum of Natural History, 67 N.Y.2d 836). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.