Boone v. Hopkins

—Judgment unanimously affirmed without costs. Memorandum: Although the order appealed from was subsumed within the final judgment (CPLR 5501 [a]), in the exercise of our discretion we treat the appeal as taken from the judgment (see, CPLR 5520 [c]; Chin v Kaplan, 280 AD2d 892). We conclude that Supreme Court properly granted plaintiff’s motion for a directed verdict on the issue of proximate cause at the close of proof. Both plaintiff’s medical expert and defendants’ medical expert concluded that plaintiff sustained a shoulder injury as a result of the automobile accident at issue, and thus…