Opinion
August 3, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, 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 respondents are 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 agree with the Supreme Court's determination that the defendants were entitled to summary judgment, as it was established as a matter of law that the plaintiffs negligence was the sole cause of the subject accident.
The plaintiffs remaining contentions are without merit.
Rosenblatt, J. P., O'Brien, Altman and Friedmann, JJ., concur.