Water Works Ltd. v. Pine

Full title: WATER WORKS LTD. et al., Appellants, v. ARNOLD PINE et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1994

209 A.D.2d 692 (N.Y. App. Div. 1994)

619 N.Y.S.2d 947

Opinion

November 28, 1994

Appeal from the Supreme Court, Nassau County (O'Brien, J.).

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed for reasons stated by Justice O'Brien at the Supreme Court; 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]). Sullivan, J.P., Balletta, Joy and Altman, JJ., concur.