Futterman v. Liebowitz Kosher Meats Poultry

Full title: MIMI FUTTERMAN, Respondent, v. LIEBOWITZ KOSHER MEATS AND POULTRY et al.…

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

Date published: Feb 22, 1994

201 A.D.2d 615 (N.Y. App. Div. 1994)

609 N.Y.S.2d 834

Opinion

February 22, 1994

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the appeal by the defendant Liebowitz Kosher Meats and Poultry is dismissed, without costs or disbursements, as it is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The appellant contends that pursuant to a stipulation of settlement, the plaintiff discontinued the action as to both the appellant and Liebowitz Kosher Meats and Poultry, and that, accordingly, the court should have granted its motion to dismiss the complaint as asserted against both Liebowitz Kosher Meats and Poultry and the appellant. We disagree. A review of all of the evidence in the record, including the general release, reveals that the plaintiff's clear intent was to release Liebowitz Kosher Meats and Poultry, and not the appellant. Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.