Susi Contracting Co. v. Hartford Accident & Indemnity Co.

Full title: SUSI CONTRACTING COMPANY, INC., Appellant, v. HARTFORD ACCIDENT INDEMNITY…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1992

180 A.D.2d 610 (N.Y. App. Div. 1992)

580 N.Y.S.2d 322

Opinion

February 27, 1992

Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).

Inasmuch as the order on appeal enjoins defendant from seeking any injunctive relief, "except in this Court or on appeal from this order," prohibiting plaintiff from enforcing the New York County judgment, and since the IAS court granted the parties "leave to renew when circumstances warrant", plaintiff is not aggrieved by the order on appeal, and thus may not appeal from it (CPLR 5511). Nor is there anything in the IAS court's decision at variance with this court's prior pronouncement (Susi Contr. Co. v. Hartford Acc. Indem. Co., 172 A.D.2d 255, lv denied 78 N.Y.2d 984), that the Connecticut court lacks jurisdiction over plaintiff because of improper service.

Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Rubin, JJ.