Opinion
2001-10550
Argued May 27, 2003.
September 22, 2003.
In an action, inter alia, to recover damages for injury to real property, the plaintiffs' attorney, Pirrotti Pirrotti, LLP, appeals from an order of the Supreme Court, Putnam County (Sweeny, J.), entered November 8, 2001, which granted the motion of defendant New York State Electric Gas Corporation to impose costs and an attorney's fee against it pursuant to CPLR 8303-a, to the extent of awarding $40,000.
Ohrenstein Brown, LLP, New York, N.Y. (Christopher B. Hitchcock and John J. Limb of counsel), for nonparty-appellant.
Corbally, Gartland Rappleyea, LLP, Poughkeepsie, N.Y. (Vincent L. DeBiase of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with 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).
SMITH, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.