Opinion
June 26, 1995
Appeal from the Supreme Court, Nassau County (Hart, J., Collins, 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 entry of a 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's conclusion that the plaintiff would have been unfairly prejudiced by the counterclaim in the proposed amended answer (see, Pelligrino v. New York City Tr. Auth., 177 A.D.2d 554, 558). The court therefore properly denied the defendant's motion for leave to amend (see, CPLR 3025 [b]). O'Brien, J.P., Ritter, Copertino and Krausman, JJ., concur.