Opinion
August 8, 1994
Appeal from the Supreme Court, Kings County (Kramer, 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
We reject the defendants' contention that CPLR 7510 barred the relief requested by the plaintiff. We also reject the defendants' contention that the transaction between the parties was usurious (see, Mueller v. Brennan, 68 N.Y.S.2d 517). Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.