Rizzuto v. L.A. Wenger Contracting Co.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Oshrin, J.), entered May 17, 1996, as, upon an order of the same court dated April 19, 1996, which, inter alia, granted the defendant’s motion for summary judgment dismissing the complaint, dismissed the complaint. The plaintiff’s notice of appeal from the order dated April 19, 1996, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 M).

*501Ordered that the judgment is affirmed insofar as appealed from, with…