Badloo
v.
Notre Dame School

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 15, 2000
272 A.D.2d 424 (N.Y. App. Div. 2000)
272 A.D.2d 424708 N.Y.S.2d 308

Submitted April 5, 2000.

May 15, 2000.

In an action to recover damages for personal injuries, etc., the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Davis, J.), dated July 30, 1998, which granted the defendants' motion for summary judgment dismissing the complaint, and (2) a judgment of the same court entered August 10, 1999, dismissing the complaint.

Paul H. Rethier, Miller Place, N.Y., for appellant.

Mulholland, Minion Roe, Williston Park, N.Y. (Ronald J. Morelli of counsel), for respondents.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, JJ., HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the appeal from the order is 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 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 Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see, DiMisa v. Elwood Union Free School Dist., ___ A.D.2d ___ [2d Dept., Feb. 22, 200 0]; Sorto v. Flores, 241 A.D.2d 446; Gattyan v. Scarsdale Union Free School District No. 1, 152 A.D.2d 650; Parsons v. Wham-O, Inc., 150 A.D.2d 435; Young v. Dalidowicz, 92 A.D.2d 242).

RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.