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Zimnoch v. Bridge View Palace

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 26, 2010

ANDRZEJ ZIMNOCH, ET AL., RESPONDENTS,
v.
BRIDGE VIEW PALACE, LLC, APPELLANT.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated March 23, 2007, as denied those branches of its motion pursuant to CPLR 4404(a) which were to set aside a jury verdict and for judgment as a matter of law in its favor or, alternatively, a new trial on all issues, and granted that branch of the plaintiffs' motion, in effect, pursuant to CPLR 4404(a) which was to set aside the verdict as to damages only.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT SHERI S. ROMAN, JJ.

(Index No. 47730/03)

DECISION & ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated March 23, 2007, 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 that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]; Zimnoch v Bridge View Palace, LLC,AD3d [Appellate Division Docket No. 2008-11673; decided herewith]).

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

20100126

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