Opinion
2019-1830 S C
03-18-2021
Philip BOTIE, Respondent, v. TOWN OF BABYLON, Appellant.
Babylon Town Attorney ( Eckor Joseph of counsel), for appellant. Philip Botie, respondent pro se.
Babylon Town Attorney ( Eckor Joseph of counsel), for appellant.
Philip Botie, respondent pro se.
PRESENT: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ.
ORDERED that the appeal is dismissed.
Plaintiff commenced this small claims action to recover the sum of $4,580.28 for defendant's failure to pay a judgment that plaintiff had obtained against it and for defendant's alleged malicious prosecution of a parking violation against plaintiff. Following a nonjury trial, the District Court dismissed the action. Defendant appeals.
As the action against defendant was dismissed, defendant is not aggrieved by the judgment and its appeal cannot lie ( see CPLR 5511 ; Mixon v TBV, Inc. , 76 AD3d 144, 156-157 [2010] ). This is so even though defendant disagrees with particular findings supporting the judgment in its favor ( see Pennsylvania Gen. Ins. Co. v Austin Powder Co. , 68 NY2d 465, 472-473 [1986] ; Parochial Bus Sys. v Board of Educ. of City of NY , 60 NY2d 539, 545 [1983] ; Matter of Allstate Ins. Co. v Dewar , 186 AD3d 826, 827 [2020] ; Peoples Natl. Bank of Rockland County v Weiner , 100 AD2d 841, 841 [1984] ).
Accordingly, the appeal is dismissed.
RUDERMAN, P.J., GARGUILO and EMERSON, JJ., concur.