Ordered that the appeal is dismissed, with costs to the plaintiff.
After the conclusion of the trial, the defendant moved to set aside the verdict as to damages. That motion was denied by order dated July 26, 1996, and the defendant took an appeal from that order. Thereafter, the appeal appeared on the dismissal calendar, and was dismissed for want of prosecution by decision and order of this Court dated May 12, 1997. The dismissal for want of prosecution constituted an adjudication "on the merits of all claims which could have been litigated had the appeal been timely argued or submitted" (Bray v. Cox, 38 N.Y.2d 350, 355). Accordingly, this appeal, in which the defendant contends that the damage award was excessive, is dismissed (see, Kimble v. Carabello, 243 A.D.2d 610; Chemical Bank v. Zisholtz, 227 A.D.2d 580).
Rosenblatt, J. P., O'Brien, Ritter and Goldstein, JJ., concur.