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LANE v. SMITH

2009-10034.

84 A.D.3d 746 (2011)

922 N.Y.S.2d 788

JAMES LANE, Respondent, v. WILLIE SMITH, JR., et al., Appellants, et al., Defendant.

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

Decided May 3, 2011.

Ordered that the appeal is dismissed, with costs to the plaintiff.

The appeal from the intermediate order dated September 11, 2009, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 26, 2010 (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal...

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