Castaldi v. 39 Winfield Associates, LLC
Cases that cite this one
21 later published cases cite this decision.
- Spielman v. Mehraban (Appellate Division of the Supreme Court of New York 2013)
- Spielman v. Mehraban (Appellate Division of the Supreme Court of New York 2013)
- Sharma v. Mullins (Appellate Division of the Supreme Court of New York 2026)
- Mullins v. Sharma (Appellate Division of the Supreme Court of New York 2026)
- Reis v. J.B. Kaufman Realty Co., LLC (Appellate Division of the Supreme Court of New York 2025)
- Doe v. Eliyas (Appellate Division of the Supreme Court of New York 2025)
- Wunderlich v. Liberty Meadows, LLC (Appellate Division of the Supreme Court of New York 2020)
- Lugo v. Torres (Appellate Division of the Supreme Court of New York 2019)
- NYCTL 2011-A Trust v. Master Sheet Co., Inc. (Appellate Division of the Supreme Court of New York 2017)
- Tantleff v. Kestenbaum & Mark (Appellate Division of the Supreme Court of New York 2015)
- Edward Crowell v. State Public Defender v. Iowa District Court for Linn County (Iowa 2014)
- George Tsunis Real Estate, Inc. v. Benedict (Appellate Division of the Supreme Court of New York 2014)
- George Tsunis Real Estate, Inc. v. Benedict (Appellate Division of the Supreme Court of New York 2014)
- Schlecker v. Yorktown Electrical & Lighting Distributors, Inc. (Appellate Division of the Supreme Court of New York 2012)
- In re Tognino (Appellate Division of the Supreme Court of New York 2011)
- Corsello v. Verizon New York, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Bucaro v. Morales (Appellate Division of the Supreme Court of New York 2009)
- Claim of Reynolds v. Essex County (Appellate Division of the Supreme Court of New York 2009)
- Cholowsky v. Civiletti (Appellate Division of the Supreme Court of New York 2009)
- Sirius America Insurance Co. v. Vigo Construction Corp. (Appellate Division of the Supreme Court of New York 2008)
- Photonics Industries International Inc. v. Xiaojie Zhao (Appellate Division of the Supreme Court of New York 2007)
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
Ordered that the appeal is dismissed, with costs to the respondent 39 Winfield Associates, LLC.
The order appealed from denied that branch of the defendants’ motion which was to dismiss the complaint insofar as asserted by the corporate plaintiff because of its failure to allege that it was licensed to perform home improvements in Westchester County, and granted the plaintiffs’ cross motion for leave to serve an amended complaint alleging that the corporate plaintiff was properly licensed. In their notice of appeal, the plaintiffs limited their appeal to only “that part of [the] order . . . that held that a home improvement contract is involved within the meaning of the Administrative Code of Westchester County.” Only an “aggrieved party” has standing to appeal (CPLR 5511). Merely because the order appealed from contains language or reasoning that a party deems adverse to its interests does not furnish “a basis for standing to take an appeal” (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473 [1986]; see also Savarese v Sacred Hearts & St. Stephen’s Church, 309 AD2d 848 [2003]; Lauer v Great S. Bay Seafood Co., 299 AD2d 325 [2002]; Anspach v Miller Bluff’s Constr. Corp., 280 AD2d 564 [2001]; Caffrey v Morse Diesel Intl., 279 AD2d 494 [2001]; ABC Mech. Sys. Corp. v New York State Off. of Gen. Servs., 238 AD2d 532 [1997]; M.J. & K. Co. v Matthew Bender & Co., 220 AD2d 488 [1995]). Thus, although the plaintiffs deem a statement in the order indicating that this action involves a home improvement contract within the meaning of the Administrative Code of Westchester County to be adverse to their interests, their disagreement with this statement does not render them aggrieved parties and furnish standing to appeal. S. Miller, J.P., Krausman, Goldstein and Covello, JJ, concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.