Opinion
December 8, 1997
Appeal from the Supreme Court, Suffolk County (Tanenbaum, 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 plaintiff 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 (CPLR 5501 [a] [1]).
Contrary to the defendant's contention, the papers submitted in opposition to the plaintiff's motion for summary judgment and the claims therein, submitted by the defendant's attorney, a person without actual knowledge of the facts, were not based on documentary evidence. As such, they were insufficient to rebut the plaintiff's prima facie case and defeat the motion (see, Akane Corp. v. Fujimichi, 184 A.D.2d 300, 301; Sheahan v. County of Suffolk, 109 A.D.2d 832, 833; Di Falco, Field Lomenzo v. Newburgh Dyeing Corp., 81 A.D.2d 560, 561, affd 54 N.Y.2d 715).
Bracken, J. P., Sullivan, Santucci and Luciano, JJ., concur.