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Batavia Turf Farms, Inc. v. County of Genesee

91 N.Y.2d 906 Court N.Y. Decision date 1998-02-11 English

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p. 906
Batavia Turf Farms, Inc., Appellant, v County of Genesee, Respondent. (And a Third- and Fourth-Party Action.)
Submitted November 24, 1997;
decided February 11, 1998

Motion for leave to appeal dismissed upon the ground that a party who, as a result of a conditional order, has stipulated at the trial or appellate court to a reduction in damages in lieu of a new trial on a cause of action, foregoes all further review of other issues raised by that order, including those pertaining to any other cause of action, and is therefore not a party aggrieved (see, CPLR 5511; Whitfield v City of New York, 90 NY2d 777 , 780, n).

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