Opinion
November 30, 1998
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the appeal from the order is dismissed, without costs or disbursements.
In light of the fact the defendant did not stipulate to increase the award, and a new trial was conducted on the issue of damages for past pain and suffering and a judgment thereon was entered, 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 (CPLR 5501 [a] [1]; see, DePasquale v. Klenetsky, 255 A.D.2d 546 [decided herewith]).
Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.