Thursday, January 28, 2016

Appellants who are not aggrieved by the order being appealed.

Practice point:  Where the order does not affect the rights of an appealing party, that party is not aggrieved by the order and the appeal must be dismissed.

Student note:  A party is aggrieved by an order when it directly affects that party's individual rights. A party is not aggrieved by an order which does not grant relief the party did not request.

Case:  Barrett v. Dennis Lounsbury Bldrs., Inc., NY Slip Op 00319 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue:  Disclosure regarding an expert's anticipated testimony.