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 (CPLR 5501 [a] [1]).
In a prior action in which the father of the defendant, Heather Otherson, was named as the sole defendant, the plaintiff testified unequivocally at her deposition that her injuries were sustained in the course of an assault perpetrated by Heather. In view of this testimony, it is clear that the plaintiff's argument in opposition to the defendant's motion for summary judgment that discovery might uncover evidence that her injuries resulted from the defendant's negligence is nothing more than an expression of mere hope on her part (see, Sarver v Martyn, 161 A.D.2d 623; Kennerly v Campbell Chain Co., 133 A.D.2d 669, 670). The plaintiff, therefore, failed to provide a basis pursuant to CPLR 3212 (f) for postponing a decision on the defendant's summary judgment motion (see, Sarver v Martyn, supra).
We have reviewed the plaintiff's remaining contentions and conclude that they are without merit. Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.