| Fischer v RWSP Realty, LLC |
| 2009 NY Slip Op 05084 [63 AD3d 878] |
| June 16, 2009 |
| Appellate Division, Second Department |
| Joseph Fischer, Appellant, v RWSP Realty, LLC, DoingBusiness as Prudential Rand Realty, et al., Respondents. |
—[*1] Condon Resnick, LLP, Nyack, N.Y. (Ellen O'Hara Woods of counsel), forrespondents.
In an action, inter alia, to recover a real estate broker's commission, the plaintiff appealsfrom an order of the Supreme Court, Rockland County (Sherwood, J.), dated December 10,2007, which denied his motion to reopen the trial in order to submit additional evidence.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the intermediate order must be dismissed because the right of direct appealtherefrom terminated with the entry of judgment in the action (see Matter of Aho, 39NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for reviewand have been considered on the appeal from the judgment in Fischer v RWSP Realty,LLC (63 AD3d —, 2009 NY Slip Op 05085 [2009] [decided herewith]; seeCPLR 5501 [a] [1]). Rivera, J.P., Covello, Balkin and Austin, JJ., concur.