Opinion
Argued September 9, 1999
October 18, 1999
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (I. Aronin, J.).
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The right of direct appeal from the intermediate order in question terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). That judgment was in favor of the defendant. Had the stipulation of the parties not foreclosed appeal from the judgment, the issues raised by the defendant on this appeal would have been cognizable as grounds for affirmance of the judgment (see, CPLR 5501[a][1]; Ogu v. Faulkner, 265 A.D.2d 469; [decided herewith]).
THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.