Teknic Corp. v. Drake Avenue Marine, Inc.

OPINION OF THE COURT

Memorandum.

Appeal from the order is unanimously dismissed.

Judgment unanimously affirmed without costs.

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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Plaintiff is the owner of a 42-foot 1971 Uniflight boat. Beginning in 1991, plaintiff entered into annual agreements with defendant for…