Stark v. Penn Central Company

Full title: EVELYN STARK, Respondent-Appellant, et al., Plaintiff, v. PENN CENTRAL…

Court: Court of Appeals of the State of New York

Date published: Sep 25, 1969

25 N.Y.2d 915 (N.Y. 1969)

304 N.Y.S.2d 609

252 N.E.2d 140

Opinion

Submitted September 15, 1969

Decided September 25, 1969

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

Gerald E. Dwyer and William L. Shumate for motion.

Harry Zeitlan opposed.

Motion to dismiss the cross appeal of plaintiff Stark granted and her appeal dismissed, without costs, upon the ground that she is not a party aggrieved within the meaning of CPLR 5511 (see e.g., Enslein v. Hudson Manhattan R.R. Co., 5 N.Y.2d 778).