Curry v. E. Extension, LLC

202 A.D.3d 907

159 N.Y.S.3d 682 (Mem)

Henry CURRY, appellant,

v.EASTERN EXTENSION, LLC, respondent.

2019–07010

Index No. 514685/17

Supreme Court, Appellate Division, Second Department, New York.

Argued—December 9, 2021

February 16, 2022

Subin Associates, LLP (Robert J. Eisen and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac ], of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY (Meredith Drucker Nolen and Daniel D. Wang of counsel), for respondent.

MARK C. DILLON, J.P., VALERIE BRATHWAITE NELSON, REINALDO E. RIVERA, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated April 10, 2019. The order denied the plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1] ; Curry v. Eastern Extension, LLC, 202 A.D.3d 907, 159 N.Y.S.3d 684 [decided herewith] ).

DILLON, J.P., BRATHWAITE NELSON, RIVERA and WOOTEN, JJ., concur.