Bank of East Asia, Ltd. v. Smith

Full title: BANK OF EAST ASIA, LTD., Respondent, v. LEONARD J. SMITH et al.…

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

Date published: May 22, 1995

215 A.D.2d 617 (N.Y. App. Div. 1995)

628 N.Y.S.2d 510

Opinion

May 22, 1995

Appeal from the Supreme Court, Nassau County (Feuerstein, 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 plaintiff 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 the appeal from the judgment (see, CPLR 5501 [a] [1]).

The appellants' contention that the plaintiff breached its duty to deal in good faith is improperly raised for the first time on appeal (see, Matter of Rockland Props. Corp. v Town of Brookhaven, 205 A.D.2d 518). Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.