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SAREPA, S. A., Appellant, v. PEPSICO, INC., et al., Respondents, et al., Defendants.

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 appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).

The Supreme Court properly granted the defendants' motion for summary judgment and dismissed the plaintiff's complaint in its entirety ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). The plaintiff waived any claims of economic duress by its delay in repudiating the settlement agreements promptly ( see, Sheindlin v Sheindlin, 88 A.D.2d 930, 931; see also, Leader v. Dinkler Mgt. Corp., 26 A.D.2d 683, affd 20 N.Y.2d 393; Powell v. Oman Constr. Co., 25 A.D.2d 566).

We have examined the plaintiff's remaining contentions and find them to be without merit.

Thompson, J.P., Joy, Altman and Florio, JJ., concur.

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SAREPA, S. A. v. PEPSICO, INC
(Jun 30, 1997)