| Crawford v Village of Millbrook |
| 2009 NY Slip Op 03472 [61 AD3d 918] |
| April 28, 2009 |
| Appellate Division, Second Department |
| Dennis V. Crawford, Appellant-Respondent, v Village ofMillbrook, Respondent-Appellant. |
—[*1] Donald L. Frum, Elmsford, N.Y. (Paul S. Zilberfein of counsel), forrespondent-appellant.
In an action to recover damages for personal injuries, the plaintiff appeals from so much ofan order of the Supreme Court, Dutchess County (Dolan, J.), dated March 2, 2007, as denied hismotion for summary judgment on the issue of liability, and the defendant cross-appeals from somuch of the same order as denied its cross motion for summary judgment dismissing thecomplaint.
Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.
The appeal and cross appeal from the intermediate order must be dismissed because the rightof direct appeal therefrom terminated with the entry of judgment in the action (see Matter ofAho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal and cross appeal from theorder are brought up for review and have been considered on the appeal by the plaintiff from ajudgment of the same court (Brands, J.), dated October 15, 2007 (see Crawford v Village ofMillbrook, 61 AD3d 918 [2009] [decided herewith]; CPLR 5501 [a] [1]). Prudenti, P.J.,Santucci, Florio and Belen, JJ., concur.