Opinion
November 9, 1998
Appeal from the Supreme Court, Orange County (Owen, 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]).
We agree with the Supreme Court that there are no factual issues regarding the liability of the defendant Central Hudson Gas Electric Corporation (hereinafter Central Hudson). Central Hudson did not assume a duty to warn motorists of the obstruction in the roadway and its actions or inactions did not, in any event, place the injured plaintiff in a more vulnerable position than he would have been otherwise ( see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 522; Gordon v. Muchnick, 180 A.D.2d 715).
Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.