Opinion
February 19, 1991
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the order is vacated, and the defendant's application for leave to enter a judgment dismissing the action is denied; and it is further,
Ordered that the plaintiff 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 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]).
Contrary to the defendant's contention, the plaintiff's reservice of the summons and complaint during the pendency of this action effectively obviated her jurisdictional objection to the action (see, Sirota v Kloogman, 140 A.D.2d 426; Heusinger v Russo, 96 A.D.2d 883; Dashew v Cantor, 85 A.D.2d 619). The Supreme Court thus had no basis upon which to enter judgment dismissing the action for lack of in personam jurisdiction over the defendant (see, Sirota v Kloogman, supra). Brown, J.P., Eiber, Rosenblatt and Ritter, JJ., concur.