THOMAS v. NEW YORK CITY TRANSIT AUTHORITY (2025)

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Pamela L. Fisher, J.), dated February 6, 2023.  The order denied the plaintiff's motion, in effect, pursuant to CPLR 4404(a) to set aside a jury verdict and for judgment as a matter of law, or, in the alternative, to set aside a jury verdict as contrary to the weight of the evidence and for a new trial.

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

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  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];  Thomas v. New York City Transit Auth., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 3018658 [Appellate Division Docket No. 2024–04652;  decided herewith]).

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.