Wednesday, September 16, 2015

Dismissal of an appeal when the plaintiff is not an aggrieved party.

Practice point:  As the order appealed from granted relief to the third-party defendant, against the defendant's third-party plaintiffs, but not against the plaintiff, the plaintiff is not aggrieved by the order appealed from and her appeal must be dismissed.

Student note:  Pursuant to CPLR 5511, an aggrieved person is one who asks for relief but that relief is denied in whole or in part, or who opposes another person's request for relief which is granted in whole or in part.

Case:  Faicco v. Mr. Lucky's Pub, Inc., NY Slip Op 06707 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Standing to bring a legal malpractice claim.