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Ashton v EQR-140 Riverside A, LLC
2012 NY Slip Op 52006(U) [37 Misc 3d 132(A)]
Decided on October 22, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 22, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Torres, JJ
570721/12.

Helena Ashton, Plaintiff-

against

EQR-140 Riverside A, LLC, EQR-140 Riverside C, LLC, EQR-140 Riverside D, LLC, EQR-140 Riverside E, LLC, EQR-140 Riverside F, LLC, and Equity Residential Properties Management Corp., Defendants-Appellants.


Defendants appeal from an order of the Civil Court of the City of New York, New York County (Ann E. O'Shea, J.), entered January 31, 2012 after a nonjury trial, which determined that defendants were liable for plaintiff's injuries and directed the parties to file posttrial submissions on the issue of damages.


Per Curiam.

Appeal from order (Ann E. O'Shea, J.), entered January 31, 2012, dismissed, without costs.

It being undisputed that the trial court has by now issued a damage award and that judgment has been entered in plaintiff's favor, defendants' appeal from the interlocutory 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 [1976]). The issues raised here by defendants are reviewable upon appeal from the judgment (see CPLR 5501[a][1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012