Opinion
No. 2007-03154.
March 25, 2008.
In an action for a judgment declaring the rights and obligations of the parties with respect to an automobile liability insurance policy, the defendants Marie Livie Duclaire, Rochell Dennison, Neomy Medical, P.C., Perfect Point Acupuncture, P.C., Donald Cioffi, D.C., and Prime Psychological Services, P.C., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated January 19, 2007, as, upon, in effect, denying the plaintiffs motion for summary judgment, directed all parties to appear for depositions.
Melissa Betancourt, P.C., Brooklyn, N.Y., for appellants.
Cambio, Votto, Cassata Gullo, LLP, Staten Island, N.Y. (Christopher J. Albee of counsel), for respondent.
Before: Rivera, J.P., Lifson, Ritter and Carni, JJ.
Ordered that the appeal is dismissed, with costs.
Pursuant to CPLR 5511, only an aggrieved party may appeal from an order or judgment. To be "aggrieved," the party must have "a direct interest in the controversy which is affected by the result," and the adjudication must have "a binding force against the rights, person or property of the party" ( Matter of Richmond County Socy. for Prevention of Cruelty to Children, 11 AD2d 236, 239, affd 9 NY2d 913, cert dened sub nom. Staten Is. Mental Health Socy., Inc. v Richmond County Socy. for Prevention of Cruelty to Children, 368 US 290). Since the appellants were not aggrieved within the meaning of CPLR 5511 by the order which, insofar as appealed from, effectively denied the plaintiffs motion for summary judgment and directed that all the parties appear for depositions, the appeal must be dismissed ( see DiMare v O'Rourke, 35 AD3d 346).