DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The appeal from the intermediate order must be dismissed because the right of direct appeal terminated with entry of the judgment in the action ( see Matter of Aho, 39 N.Y.2d 241). 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]).
Contrary to the appellant's contention, the plaintiff demonstrated his entitlement to judgment as a matter of law by establishing that the defendant Abdul Choudhuri operated a vehicle owned by the appellant in a negligent manner when Choudhuri drove the vehicle over a cement median and crossed directly into the plaintiff's lane of traffic causing a head-on collision ( see Turner v. Mongitore, 274 A.D.2d 512; Schmall v. Ryder, 262 A.D.2d 476; see also Vehicle and Traffic Law § 1130). In response, the appellant failed to raise a triable issue of fact as to whether the plaintiff was negligent in some manner in the operation of his vehicle ( see Welch v. Norman, 282 A.D.2d 448). Moreover, since Choudhuri indicated that the road was icy and it had been raining prior to the collision, the appellant cannot rely on either surprise or the emergency doctrine because the condition of the roadway was foreseeable ( see Caristo v. Sanzone, 96 N.Y.2d 172; Gadon v. Oliva, 294 A.D.2d 397).
The award of damages was not excessive.
PRUDENTI, P.J., ALTMAN, SMITH and ADAMS, JJ., concur.