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Ventricelli v. Kinney System Rent A Car, Inc.

44 N.Y. 727 Court N.Y. Decision date 1978-04-06 English

Contents

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p. 727
Joseph Ventricelli, Appellant-Respondent, v Kinney System Rent A Car, Inc., et al., Respondents-Appellants, and Antonio Maldonado, Respondent. Kinney System Rent A Car, Inc., et al., Third-Party Plaintiffs-Appellants-Respondents, v American Motors Corp. et al., Third-Party Defendants-Respondents-Appellants.
Submitted March 13, 1978;
decided April 6,1978
p. 728
APPEARANCES OF COUNSEL
Joseph D. Ahearn for motion to dismiss and opposed to application for leave to appeal.
William F. McNulty opposed to motion to dismiss and for application for leave to appeal.

OPINION OF THE COURT

Motion to dismiss appeal taken as of right by third-party plaintiffs granted and their appeal dismissed, without costs, upon the ground that they are not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Application of third-party plaintiffs for leave to appeal granted; they are parties aggrieved (CPLR 5511). To the extent that this disposition may be thought to be inconsistent with Miner v Long Is. Light. Co. ( 37 NY2d 775 , 920), the determinations of the motions to dismiss the protective appeals taken in that case on the ground that the third-party appellants were not parties aggrieved are not followed.

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