Thompson v. A.J.S. Produce Corp.

Full title: ROLVIN THOMPSON, Respondent, v. A.J.S. PRODUCE CORPORATION, Appellant, et…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1997

240 A.D.2d 561 (N.Y. App. Div. 1997)

659 N.Y.S.2d 985

Opinion

June 16, 1997

Appeal from the Supreme Court, Kings County (Lebowitz, 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

The plaintiff's proof of serious injury was legally sufficient ( see, Insurance Law § 5102 [d]; Kraemer v. Henning, 237 A.D.2d 492), and the jury's verdict in his favor was not against the weight of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129).

Joy, J.P., Friedmann, Florio and McGinity, JJ., concur.