| Martell v Dorchester Apt. Corp. |
| 2022 NY Slip Op 05163 [208 AD3d 1183] |
| September 14, 2022 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joseph Martell, Jr., Respondent, v Dorchester Apt. Corp. et al., Appellants. |
Milber Makris Plousadis & Seiden, LLP, Woodbury, NY (Lorin A. Donnelly and Patrick F. Palladino of counsel), for appellants.
Stefano A. Filippazzo, P.C. (Louis A. Badolato, Roslyn Harbor, NY, of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated December 11, 2019. The order denied the defendants' motion for summary judgment dismissing the complaint.
Ordered that the appeal is dismissed, with costs.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with entry of the judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised in the appeal from the order are not brought up for review on the appeal from the judgment since the order did not necessarily affect the judgment (CPLR 5501 [a] [1]; see Bonczar v American Multi-Cinema, Inc., 38 NY3d 1023 [2022]; Stanescu v Stanescu, 206 AD3d 1031 [2022]). Barros, J.P., Maltese, Wooten and Warhit, JJ., concur.