Opinion
April 29, 1996
Appeal from the Supreme Court, Rockland County (Bergerman, 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 respondent 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 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]).
Contrary to the appellant's contentions, the jury's verdict is not inconsistent or against the weight of the evidence. It is well settled that a jury's verdict in favor of the defendant should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict based on any fair interpretation of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129, 134). Our review of the record confirms that there is a fair interpretation of the evidence supporting the jury's verdict ( see, Sancimino v. Brooklyn Union Gas Co., 204 A.D.2d 298; see also, Disla v. DHL Airways, 219 A.D.2d 612; Brooks v. Adams, 204 A.D.2d 938). Moreover, we find that the verdict is not inconsistent ( see, Gale Assocs. v. Fiance, 225 A.D.2d 652; Favier v. Winick, 212 A.D.2d 755; Rubin v. Pecoraro, 141 A.D.2d 525).
We have reviewed the appellant's remaining contentions and find them to be without merit. Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.