| Lane v Smith |
| 2011 NY Slip Op 03810 [84 AD3d 746] |
| May 3, 2011 |
| Appellate Division, Second Department |
| James Lane, Respondent, v Willie Smith, Jr., et al.,Appellants, et al., Defendant. |
—[*1] Chiariello & Chiariello, Glen Cove, N.Y. (Gerald Chiariello II of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendants Willie Smith, Jr., andNorma Campbell Smith appeal, as limited by their brief, from so much of an order of theSupreme Court, Queens County (Markey, J.), dated September 11, 2009, as denied that branch oftheir motion which was for leave to renew both their opposition to the plaintiff's motion for leaveto enter a default judgment against them on the issue of liability, which had been granted in anorder entered June 4, 2009, and their motion to vacate their default in answering the complaint,which had been denied in an amended order entered July 13, 2009.
Ordered that the appeal is dismissed, with costs to the plaintiff.
The appeal from the intermediate order dated September 11, 2009, must be dismissedbecause the right of direct appeal therefrom terminated with the entry of judgment in the actionon March 26, 2010 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised onthe appeal from the order are brought up for review and have been considered on the appeal fromthe judgment (see CPLR 5501 [a] [1]; Lane v Smith, 84 AD3d 746 [2011][decided herewith]). Skelos, J.P., Leventhal, Sgroi and Miller, JJ., concur.