Opinion
May 5, 1997
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501[a][1]).
We find no improvident exercise of discretion in the dismissal of the complaint as against the respondents. Over the course of approximately three years and despite several court orders outlining deficiencies in their bills of particulars, the plaintiffs failed to serve a properly detailed bill of particulars on each respondent. The willfulness of the plaintiffs' conduct can be inferred from the record ( see, CPLR 3126; Argenio v. Cushman Wakefield, 227 A.D.2d 578; Porreco v. Selway, 225 A.D.2d 752).
Bracken, J.P., Joy, McGinity and Luciano, JJ., concur.