Opinion
2017–05916 Index No. 1229/14
02-19-2020
Judy ZHOU, etc., et al., Respondents, v. TUXEDO RIDGE, LLC, et al., Appellants.
Roemer Wallens Gold & Mineaux LLP (Shaub Ahmuty Citrin & Spratt, LLP, Lake Success, N.Y. [Timothy R. Capowski, John F. Watkins, and Christopher R. Theobalt], of counsel), for appellants. Souren A. Israelyan, New York, NY, for respondents. Cleary Shahi & Aicher, P.C., Brooklyn, N.Y. (Joel P. Iannuzzi of counsel), for amicus curiae National Ski Areas Association.
Roemer Wallens Gold & Mineaux LLP (Shaub Ahmuty Citrin & Spratt, LLP, Lake Success, N.Y. [Timothy R. Capowski, John F. Watkins, and Christopher R. Theobalt], of counsel), for appellants.
Souren A. Israelyan, New York, NY, for respondents.
Cleary Shahi & Aicher, P.C., Brooklyn, N.Y. (Joel P. Iannuzzi of counsel), for amicus curiae National Ski Areas Association.
MARK C. DILLON, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Salvatore Modica, J.), entered February 15, 2017. The order denied the defendants' motion for summary judgment dismissing the complaint.
Motion by the respondents, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of judgment in the action. By decision and order on motion of this Court dated April 19, 2018, that branch of the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted; and it is further, ORDERED that the appeal is dismissed; and it is further,
ORDERED that one bill of costs is awarded to the plaintiffs.
The appeal from the order entered February 15, 2017, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in this action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( Zhou v. Tuxedo Ridge, LLC, ––– A.D.3d ––––, ––– N.E.3d ––––, 2020 WL 808292 [Appellate Division Docket No. 2018–01540; decided herewith] ; see CPLR 5501[a][1] ).
DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.