Smith v. Hooker Chemical Plastics Corp.

Full title: ROBERT SMITH, Respondent-Appellant, v. HOOKER CHEMICAL PLASTICS CORP.…

Court: Court of Appeals of the State of New York

Date published: Jun 9, 1987

69 N.Y.2d 1029 (N.Y. 1987)

517 N.Y.S.2d 939

511 N.E.2d 82

Opinion

Submitted April 13, 1987

Decided June 9, 1987

Motion for leave to appeal granted. Cross motion for leave to appeal dismissed upon the ground that plaintiff, having stipulated to reducing the amount of damages to which he is entitled, is not aggrieved by the modification for purposes of appeal (see, CPLR 5511; Cohen and Karger, Powers of the New York Court of Appeals § 96, at 408-409, and n 62; Dudley v Perkins, 235 N.Y. 448, 457).

Judge SIMONS taking no part.