LoCiciro v. Metropolitan Transportation Authority
Cases that cite this one
2 later published cases cite this decision.
- Baptist Home of Brooklyn v. Schott (Appellate Division of the Supreme Court of New York 2010)
- Broadway Equities v. Metropolitan Electric Manufacturing Co. (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Dye, J.), dated October 10, 1999, as granted the plaintiff’s cross motion for leave to serve an amended complaint against the Long Island Rail Road.
Ordered that the appeal is dismissed, without costs or disbursements, as the defendant is not aggrieved by the portion of the order appealed from (see, CPLR 5511).
The Supreme Court granted the motion of the defendant, Metropolitan Transportation Authority (hereinafter MTA) to dismiss the complaint. The MTA is not aggrieved by that portion of the order which granted the plaintiff leave to serve the Long Island Rail Road with an amended complaint. A successful party who has obtained the full relief sought is not aggrieved, and therefore has no ground for appeal (see, T.D. v New York State Off. of Mental Health, 91 NY2d 860, 862; Otalora v Solimeo, 276 AD2d 473). O’Brien, J. P., Sullivan, Krausman, Goldstein and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.