Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law and the facts, so much of the order dated February 21, 1995, as granted the motion by JWP Welsbach Electric Corp., L.I., and the cross motion by the County of Nassau is vacated, the motion and cross motion of the respondents are denied, and the complaint is reinstated as against the respondents; and it is further,
Ordered that the plaintiff 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 the appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
We agree with the plaintiff that the award of summary judgment in favor of the respondents was premature under the circumstances of this case, inasmuch as substantial discovery in the action remains outstanding ( see, CPLR 3212 [f]; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Yu v. Forero, 184 A.D.2d 506; Efdey Elec. Contrs. v. Melita, 167 A.D.2d 501; Smith v. City of New York, 133 A.D.2d 818). Accordingly, the complaint is reinstated against the respondents. Balletta, J.P., Sullivan, Santucci and Altman, JJ., concur.