Majority
p. 951Mary Mulligan, as Administratrix of the Estate of Bernard Mulligan, Deceased, Respondent, v. Bernard Wetchler et al., Defendants, and City of New York, Appellant. Submitted June 26, 1972; decided July 7, 1972.
W. Bernard Richland for motion.
J. Lee Rankin, Corporation Counsel (Bernard Burstein of counsel), opposed.
Motion granted and the appeal dismissed, with costs and $10 costs of motion, upon the grounds that the Appellate Division order did not direct modification of the judgment appealed from in a substantial respect and that defendant is not aggrieved by the modification (CPLR 5601, subd. [a], par. [iii]; and see Weinberg v. Wishweg Realty Corp., 29 N Y 2d 648 ; Amadeus, Inc. v. State of New York, 29 N Y 2d 634 ; and that the dissent is not upon a stated question of law (CPLR 5601, subd. [a], par. [i]).
Cases cited
- Weinberg v. Wishweg Realty Corp. 29 N Y 2d 648 p. 951
- Amadeus, Inc. v. State 29 N Y 2d 634 p. 951