Opinion
2007-2009 Q C.
Decided on February 27, 2009.
Appeals from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 5, 2007, and from a judgment of the same court entered December 6, 2007. The order, insofar as appealed from, granted plaintiff's motion for summary judgment. The judgment, entered pursuant to the November 5, 2007 order, awarded plaintiff the principal sum of $2,658.48.
Appeal from order dismissed.
Judgment reversed without costs, so much of the order as granted plaintiff's motion for summary judgment vacated, plaintiff's motion for summary judgment denied, and matter remanded to the Civil Court for all further proceedings.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
The appeal from the order is dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action ( see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501 [a] [1]).
For the reasons stated in Velen Med. Supply, Inc. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2007-1406 Q C], decided herewith), the judgment is reversed, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.
Pesce, P.J., Golia and Rios, JJ., concur.