Opinion
July 23, 1990
Appeal from the Supreme Court, Nassau County (Saladino, J.).
Ordered that the appeals from the orders entered June 9, 1988, July 19, 1988 and October 20, 1988, are dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the defendants are awarded one bill of costs.
The appeals from the intermediate orders 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). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
On December 21, 1984, the plaintiff Alice Weinstein, the driver of an Audi 5000S automobile, and her daughter, Michelle Weinstein, a passenger, were involved in an accident, allegedly caused by the sudden acceleration of the vehicle. Despite repeated demands for discovery and court orders directing discovery, the plaintiffs have refused to permit inspection of the vehicle and have persistently resisted all compliance with discovery requests.
We find no merit to the plaintiffs' contentions that the court-ordered discovery should have been stayed pending certain determinations in a related Federal case or an appeal from an order issued in this action. In light of the contumacious conduct of the plaintiffs in refusing to proceed with court-ordered depositions and other court-ordered discovery, we agree with the Supreme Court that preclusion and the award of summary judgment in favor of the defendants were appropriate (see, Magnus Drugs v. City of New York Human Resources Admin., 143 A.D.2d 818; St. Agnes Hosp. v. Dengler, 131 A.D.2d 657; Daugherty v. Popick, 95 A.D.2d 911).
Since the plaintiffs challenge the propriety of the service of the court orders and motion papers for the first time on appeal, this question is not properly before this court (see, Stojowski v. Fair Oaks Dev. Corp., 151 A.D.2d 661; Cadlett v. St. John's Episcopal Hosp., 134 A.D.2d 394, 396; Rohdie v. Michael Guidice, Inc., 132 A.D.2d 541).
The plaintiffs' other contentions are without merit. Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.