Barnett v Schwartz

Barnett v Schwartz 2007 NY Slip Op 09711 [46 AD3d 587] December 11, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Friday, April 25, 2008

Ted Barnett et al., Appellants,
v
Jeffrey L. Schwartz et al., Respondents.

—[*1] Finder and Cuomo, LLP, New York, N.Y. (Sherri A. Jayson and Patrick W. McGinley of counsel), for appellants.

Kaufman Borgeest & Ryan LLP, New York, N.Y. (A. Michael Furman and Jeffrey W. Kleiner of counsel), for respondents.

In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), entered April 20, 2005, which denied their motion for an award of prejudgment interest.

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 [1976]). The issues raised on the appeal from that order are brought up for review and have been considered on the plaintiffs' cross appeal from the judgment (see CPLR 5501 [a] [1]; Barnett v Schwartz, 47 AD3d 197 [2007] [decided herewith]). Crane, J.P., Ritter, Lifson and Balkin, JJ., concur.