Opinion
Submitted March 29, 1999
June 1, 1999
In an action to recover an escrow deposit, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated April 28, 1997, which denied their motion.
Hall Hall, Staten Island, N.Y. (Richard A. Rosenzweig of counsel), for appellants.
Menicucci and Castellano, Staten Island, N.Y. (Michael M. Menicucci of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs to the defendants.
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; Hind v. Palermo, 262 A.D.2d 285 [App. Div. Docket No. 98-06538, decided herewith]).