Schiffer v Sunrise Removal, Inc.

2009 NY Slip Op 03888 [62 AD3d 776]

May 12, 2009

Appellate Division, Second Department

As corrected through Wednesday, July 1, 2009

Roslyn Schiffer, Respondent, v Sunrise Removal, Inc., etal., Respondents, and Keyspan Home Energy Services, LLC, et al., Appellants, et al.,Defendant.

—[*1]Cullen and Dykman LLP, Brooklyn, N.Y. (Margaret Mazlin of counsel), for appellants.

Pazer & Epstein, P.C., New York, N.Y. (Thomas Torto and Jason Levine of counsel), forplaintiff-respondent.

Blane Magee, Rockville Centre, N.Y., for defendants-respondents.

In an action to recover damages for personal injuries, the defendants Keyspan Home EnergyServices, LLC, and Keyspan Plumbing Solutions, Inc., appeal, as limited by their brief, from somuch of an order of the Supreme Court, Kings County (Schneier, J.), dated March 9, 2006, asdenied their motion for summary judgment dismissing the complaint and all cross claims insofaras asserted against them, or in the alternative, for summary judgment on their cross claimsagainst the defendants Sunrise Removal, Inc., and Geoffrey D. McCallum.

Ordered that appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefromterminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241,248 [1976]). The issues raised on the appeal from the order are brought up for review and havebeen considered on the appeal from the judgment (see CPLR 5501 [a] [1]; Schiffer vSunrise Removal, Inc., 62 AD3d 776 [2009] [decided herewith]). Spolzino, J.P., Fisher,Miller and Balkin, JJ., concur.