Opinion
August 28, 1995
Appeal from the Supreme Court, Suffolk County (Werner, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by deleting the second, third, fourth, fifth, and sixth decretal paragraphs thereof; as so modified, the judgment is affirmed, without costs or disbursements.
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]).
We agree with the appellants that CPLR 8303-a does not authorize the imposition of sanctions in the present action to foreclose a mortgage. Neither the relief sought by the prime plaintiffs nor that sought by the defendant third-party plaintiff can properly be characterized as constituting "damages for personal injury, injury to property or wrongful death" (CPLR 8303-a[a]). The imposition of sanctions by the Supreme Court was therefore unauthorized (see, Browning Ave. Realty Corp. v. Rubin, 207 A.D.2d 263; Eight Tobey Rd. Corp. v. Markesteyn, 198 A.D.2d 865; Carver v. Apple Rubber Prods. Corp., 163 A.D.2d 849, 850; Banat v. Passalaqua, 142 A.D.2d 706).
We have examined the defendant third-party plaintiff's remaining contentions, and find them to be without merit. Bracken, J.P., Balletta, Pizzuto and Krausman, JJ., concur.