Myers v. Cornell University — 64 A.D.2d 988

Majority

p. 988

Richard W. Myers, as Administrator of the Estate of Jay B. Myers, Deceased, Respondent, v Cornell University, Appellant and Third-Party Plaintiff-Respondent. A. Friederich & Sons, Inc., Third-Party Defendant-Appellant.

—Motion to dismiss appeal of third-party defendant-appellant granted, without costs, on the ground that review by this court was waived when the third-party defendant elected to pursue its direct appeal to the Court of Appeals pursuant to CPLR 5601 (subd [d]) (see Parker v Rogerson 35 NY2d 751 , 753; Cohen and Karger, Powers of the New York Court of Appeals, § 73; 7 Weinstein-Korn-Miller, NY Civ Prac, par 5601.24). Mahoney, P. J., Greenblott, Sweeney, Larkin and Main, JJ., concur.

Cases cited

Parker v. Rogerson 35 NY2d 751 N.Y. 1974-10-23 at 753 p. 988