Opinion
Argued February 29, 2000.
April 20, 2000.
In action to recover damages for personal injuries, the defendant appeals from (1) an order of the Supreme Court, Kings County (Rappaport, J.), dated June 10, 1999, denying its motion to vacate an order of the same court, dated February 2, 1999, which, upon the defendant's default, granted the plaintiff's motion to strike its answer and set the matter down for an inquest, and (2) a judgment of the same court entered October 22, 1999, which, after an inquest, is in favor of the plaintiff and against it in the principal sum of $206,095.
Frese Palma, P.C., Brooklyn, N.Y. (Michael J. Palma of counsel), for appellant.
Krinsky Musumeci, New York, N.Y. (Carmine V. Musumeci of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated June 10, 1999, is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that the respondent 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]).
The Supreme Court providently exercised its discretion in refusing to vacate the order dated February 2, 1999, which struck the defendant's answer pursuant to CPLR 3126(3), since the defendant failed to demonstrate either a valid excuse for its default or a meritorious defense to the action (see, CPLR 5015[a]; MRI Enterprises Inc. v. Amanat, 263 A.D.2d 530 ; Lovisa Constr. Co. v. Facilities Dev. Corp., 148 A.D.2d 913 ; see also, Wynne v. Wagner, 262 A.D.2d 556 ; Gannon v. Johnson Scale Co., 189 A.D.2d 1052 ).