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NICHOLAS FRATTALONE, Appellant, v. LEO FREUND, Defendant, and BARUCH MARKOWITZ et al., Respondents.

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 respondents are 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 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]).

Once the movant has made a prima facie showing of entitlement to summary judgment, it is incumbent upon the party opposing the motion to "show facts sufficient to require a trial of any issue of fact" (CPLR 3212 [b]; see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067). Here, the Supreme Court properly granted the motion by the defendants Baruch Markowitz, Isaac Markowitz, and Hersel Sonbolian for summary judgment inasmuch as the plaintiff's submissions failed to indicate that these defendants were personally liable to the plaintiff ( see generally, Zuckerman v City of New York, 49 N.Y.2d 557; see, Partnership Law § 28).

Copertino, J.P., Thompson, Santucci and Friedmann, JJ., concur.

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FRATTALONE v. FREUND
(Sep 22, 1997)