Opinion
2013-12-5
Klaus THYMANN, Plaintiff–Respondent, v. AFG MANAGEMENT, Defendant–Appellant.
Gallet Dreyer & Berkey LLP, New York (Morrell I. Berkowitz of counsel), for appellant. Sam P. Israel, P.C., New York (Sam P. Israel of counsel), for respondent.
Gallet Dreyer & Berkey LLP, New York (Morrell I. Berkowitz of counsel), for appellant. Sam P. Israel, P.C., New York (Sam P. Israel of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered December 18, 2012, which, insofar as appealed from, granted plaintiff's application to resettle the court's order dated August 29, 2012 to reinstate his conversion claim against additional parties, Pier 59 Studios, LP and Frederico Pignatelli, unanimously dismissed, without costs.
Defendant is not “[a]n aggrieved party” within the meaning of CPLR 5511 by the order it now challenges. Defendant does not stand to be affected by the court's permission to grant plaintiff leave to add a conversion claim against Pignatelli and Pier 59, which had separate definable interests. If the order were reversed, defendant, as an entity, would not have its right to a full judgment in its favor directly affected ( see Boyle v. City of New York, 237 A.D.2d 230, 655 N.Y.S.2d 23 [1st Dept.1997]; see also Midland Ins. Co. v. Lewis, 178 A.D.2d 146, 147, 577 N.Y.S.2d 14 [1st Dept.1991] ). “That the adjudication may remotely or contingently affect interests which the party represents does not give it a right to appeal” (State of New York v. Philip Morris Inc., 61 A.D.3d 575, 578, 877 N.Y.S.2d 291 [1st Dept.2009], appeal dismissed15 N.Y.3d 898, 912 N.Y.S.2d 568, 938 N.E.2d 1002 [2010] [internal quotation marks omitted] ). MAZZARELLI, J.P., SWEENY, DeGRASSE, FREEDMAN, GISCHE, JJ., concur.