New York Court of Appeals, 1976

Wietecki v. Marczan

Wietecki v. Marczan
New York Court of Appeals · Decided February 12, 1976
38 N.Y.2d 896; 346 N.E.2d 551; 382 N.Y.S.2d 750; 1976 N.Y. LEXIS 2340

Wietecki v. Marczan

Opinion of the Court

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 *897since 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.