Wietecki v. Marczan

Court: New York Court of Appeals
Date filed: 1976-02-12
Citations: 38 N.Y.2d 896, 346 N.E.2d 551, 382 N.Y.S.2d 750, 1976 N.Y. LEXIS 2340
Copy Citations
3 Citing Cases
Lead Opinion

Motion to dismiss appeal granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Plaintiffs’ alternative motion for leave to appeal dismissed

Page 897
since plaintiffs, having consented to reduction of the verdict, are not parties aggrieved (Dudley v Perkins, 235 NY 448).

Cross motion by defendant for leave to appeal denied.

Cross motion for stay dismissed as academic.