Fischer v RWSP Realty, LLC
2009 NY Slip Op 05084 [63 AD3d 878]
June 16, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Joseph Fischer, Appellant,
v
RWSP Realty, LLC, Doing Business as Prudential Rand Realty, et al., Respondents.

—[*1] Ernest H. Hammer, New York, N.Y., for appellant.

Condon Resnick, LLP, Nyack, N.Y. (Ellen O'Hara Woods of counsel), for respondents.

In an action, inter alia, to recover a real estate broker's commission, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated December 10, 2007, which denied his motion to reopen the trial in order to submit additional evidence.

Ordered that the appeal is dismissed, without costs or disbursements.

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 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment in Fischer v RWSP Realty, LLC (63 AD3d —, 2009 NY Slip Op 05085 [2009] [decided herewith]; see CPLR 5501 [a] [1]). Rivera, J.P., Covello, Balkin and Austin, JJ., concur.