Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
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 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).
Under the circumstances of this case, it was irrational for the jury to find the defendant State Farm Mutual Insurance Company liable for bad-faith refusal to settle an underlying personal injury action ( see, Pavia v. State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445; Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; St. Paul Fire Mar. Ins. Co. v. United States Fid. Guar. Co., 43 N.Y.2d 977; Knobloch v. Royal Globe Ins. Co., 38 N.Y.2d 471; Gordon v. Nationwide Mut. Ins. Co., 30 N.Y.2d 427, cert denied 410 U.S. 931; DiBlasi v. Aetna Life Cas. Ins. Co., 147 A.D.2d 93; 3 Dunham, New York Insurance Law § 38.02 [2] [d]). Accordingly, the verdict was properly set aside and the complaint dismissed ( see, CPLR 4404 [a]; Cohen v. Hallmark Cards, supra).
O'Brien, J. P., Sullivan, Pizzuto and Krausman, JJ., concur.