Opinion
November 19, 1990
Appeal from the Supreme Court, Nassau County (Lockman, J.).
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 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 appeal from the judgment (see, CPLR 5501 [a] [1]).
The judgment is affirmed for reasons stated by Justice Lockman at the Supreme Court. Thompson, J.P., Lawrence, Eiber and Ritter, JJ., concur.