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Wilcox Development Corp. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 454 (N.Y. App. Div. 2000)

Opinion

Submitted June 15, 2000

August 30, 2000.

In an action, inter alia, to recover damages for negligence, the defendant-intervenor, Dominick Pugliese and Sons, Inc., appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated April 28, 1999, which granted the motion of the defendants City of New York and Department of Environmental Protection of the City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

John J. Turvey, P.C., Staten Island, N.Y., for defendant-intervenor-appellant.

Steven P. Howard, Staten Island, N.Y., for plaintiff-respondent.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein, Louise Lippin, and Mordecai Newman of counsel), for defendants-respondents.

FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

The appellant is not aggrieved by the dismissal of the plaintiff's complaint insofar as asserted against the defendants City of New York and Department of Environmental Protection (see, CPLR 5511; Korn v. New York Prop. Ins. Underwriting Assn., 43 N.Y.2d 695; Dublin v. Prime, 168 A.D.2d 597; Hauser v. North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553). Furthermore, since the plaintiff, Wilcox Development Corp., did not file a notice of appeal from the order, its brief, which requests reversal, is stricken and has not been considered by this court (see, Perez v. Spring Creek Assocs., 265 A.D.2d 314).


Summaries of

Wilcox Development Corp. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 454 (N.Y. App. Div. 2000)
Case details for

Wilcox Development Corp. v. City of New York

Case Details

Full title:WILCOX DEVELOPMENT CORP., PLAINTIFF-RESPONDENT, v. CITY OF NEW YORK, ET…

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

Date published: Aug 30, 2000

Citations

275 A.D.2d 454 (N.Y. App. Div. 2000)
712 N.Y.S.2d 892

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