Opinion
2013-02-27
HARTFORD INSURANCE COMPANY OF MIDWEST, as subrogee of Drug World of Hillcrest, LLC, respondent, v. ORANGE AND ROCKLAND UTILITIES, INC., appellant.
MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, N.Y. (Harold Y. MacCartney, Jr., of counsel), for appellant. Robinson & Cole, LLP, New York, N.Y. (Thomas J. Donlon and Robin Keller of counsel), for respondent.
MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, N.Y. (Harold Y. MacCartney, Jr., of counsel), for appellant. Robinson & Cole, LLP, New York, N.Y. (Thomas J. Donlon and Robin Keller of counsel), for respondent.
In a subrogation action to recover damages for injury to property, the defendant appeals from an order of the Supreme Court, Rockland County (Walsh, J.), dated January 31, 2011, which denied its motion for summary judgment dismissing the complaint.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the intermediate order dated January 31, 2011, must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action on November 7, 2011 ( see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( seeCPLR 5501[a][1]; Hartford Ins. Co. of Midwest v. Orange and Rockland Utilities, Inc., 103 A.D.3d 846, –––N.Y.S.2d –––– Appellate Division Docket No. 2012–00120 [decided herewith] ).