Lewis v. New York City Housing Authority

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

The plaintiffs’ decedent was shot and killed by a sniper’s bullet while he was standing on a public street near an apartment within a Fort Greene housing project. The sniper, a visitor at the apartment, surrendered to the police and admitted that he…