Filed Date: 6/10/2002
Status: Precedential
Modified Date: 11/1/2024
—In an action to recover dam
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
Contrary to the defendants’ contentions, the jury’s verdict on the issue of liability was based upon a fair interpretation of the evidence, and thus, the Supreme Court properly denied their motion to set aside that verdict (see Nicastro v Park, 113 AD2d 129, 134).
The damages awarded to the plaintiff do not deviate materially from what would be reasonable compensation for the injuries she sustained.
The defendants’ remaining contentions are without merit. Santucci, J.P., Plorio, Goldstein and Townes, JJ., concur.