Opinion
January 25, 1999.
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the order is vacated, the motion is denied, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for, the entry of a judgment in favor of the plaintiff; 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 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]).
The jury verdict in favor of the plaintiff and against the defendants Russell Kupfer and William Moran was supported by legally sufficient evidence. Therefore, the Supreme Court erred in dismissing the complaint insofar as asserted against those defendants ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499).
Further, the verdict was not against the weight of the evidence, as the jury's determination was supported by a fair interpretation of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129, 134). Consequently, the verdict should not have been disturbed.
Santucci, J.P., Joy, Altman and Luciano, JJ., concur.