Opinion
August 12, 1991
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the interlocutory judgment is reversed, as a matter of discretion, the order is vacated, and a new trial of all issues is granted; and it is further,
Ordered that the appellant is 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 an interlocutory 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 interlocutory judgment (see, CPLR 5501 [a] [1]).
Under the circumstances of this case, where the issue of whether the appellant departed from accepted standards of medical practice in her treatment of the plaintiffs decedent is so interwoven with or related to that of causation that the evidence as to the latter is interdependent with that required to establish the former, the court improvidently exercised its discretion in ordering a partial retrial before a different jury (see, CPLR 4404 [a]). Mangano, P.J., Bracken, Sullivan and Harwood, JJ., concur.