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DePASQUALE v. KLENETSKY

255 A.D.2d 545 (1998)

682 N.Y.S.2d 600

Roy DePasquale et al., Respondents, v. Irving Klenetsky, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 30, 1998

Ordered that the appeal from the order is dismissed, without costs or disbursements.

In light of the fact the defendant did not stipulate to increase the award, and a new trial was conducted on the issue of damages for past pain and suffering and a judgment thereon was entered, the appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the...

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