Min Kyu Jun v. Azam

Summary

The Appellate Division, Second Department dismissed Hyo Eun Kwak's appeal from an order granting defendants summary judgment on the ground that she did not sustain a serious injury under Insurance Law § 5102(d). The court held that the right to directly appeal the order terminated upon entry of judgment, and that the issues were reviewable on appeal from the judgment.

Holdings

1. The direct appeal from the order granting summary judgment had to be dismissed because the right to take a direct appeal from that order terminated upon entry of the judgment.

Questions Presented

1. Whether the direct appeal from the interlocutory order granting summary judgment remained appealable after entry of a judgment in the action.
2. Whether the issues raised on the appeal from the order could be reviewed on the appeal from the subsequently entered judgment.

Disposition

dismissed