Mulligan v. Wetchler, City of New York

Full title: MARY MULLIGAN, as Administratrix of the Estate of BERNARD MULLIGAN…

Court: Court of Appeals of the State of New York

Date published: Jul 7, 1972

30 N.Y.2d 951 (N.Y. 1972)

335 N.Y.S.2d 701

287 N.E.2d 391

Opinion

Submitted June 26, 1972

Decided July 7, 1972

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES A. LORETO, J.

W. Bernard Richland for motion.

J. Lee Rankin, Corporation Counsel ( Bernard Burstein of counsel), opposed.

Motion granted and the appeal dismissed, with costs and $10 costs of motion, upon the grounds that the Appellate Division order did not direct modification of the judgment appealed from in a substantial respect and that defendant is not aggrieved by the modification (CPLR 5601, subd. [a], par. [iii]; and see Weinberg v. Wishweg Realty Corp., 29 N.Y.2d 648; Amadeus, Inc. v. State of New York, 29 N.Y.2d 634; and that the dissent is not upon a stated question of law (CPLR 5601, subd. [a], par. [i]).