Opinion
February 20, 1996
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the plaintiffs' motion is denied in its entirety.
The appeal from the 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 plaintiffs have failed to meet their initial burden of establishing their entitlement to judgment against the defendant on the third through sixth causes of action as a matter of law ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The evidence tendered by the plaintiffs in support of their summary judgment motion is insufficient to demonstrate the absence of any material issues of fact ( see generally, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). Given the plaintiffs' failure to make the requisite prima facie showing, the motion for summary judgment should have been denied in its entirety. O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.