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Wietecki v. Marczan

38 N.Y.2d 896 Court N.Y. Decision date 1976-02-12 English

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Majority

p. 896
Alan Wietecki, an Infant, by His Father and Natural Guardian, Alfred Wietecki, et al., Respondents, v Ralph Marczan, Appellant.
Submitted December 22, 1975;
decided February 12, 1976
Leonard A. Sheft for appellant.
William R. Sichol, Jr., for respondents.

Motion to dismiss appeal granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Plaintiffs’ alternative motion for leave to appeal dismissed

p. 897
since plaintiffs, having consented to reduction of the verdict, are not parties aggrieved (Dudley v Perkins, 235 NY 448 ).

Cross motion by defendant for leave to appeal denied.

Cross motion for stay dismissed as academic.

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