New York Court of Appeals, 1979

Rorie v. Woodmere Academy

Rorie v. Woodmere Academy
New York Court of Appeals · Decided October 25, 1979
48 N.Y.2d 753; 397 N.E.2d 1334; 422 N.Y.S.2d 667; 1979 N.Y. LEXIS 2398

Rorie v. Woodmere Academy

Opinion of the Court

Permission to withdraw motion to dismiss appeal granted.

On the court’s own motion: defendant’s appeal pursuant to CPLR 5601 (subd [d]) dismissed, without costs, upon the ground that defendant is not an aggrieved party (see CPLR 5511); plaintiff’s cross appeal dismissed, without costs, upon the ground that plaintiffs have an appeal pending in the Appellate Division from the judgment here sought to be appealed. (See Parker v Rogerson, 35 NY2d 751.)

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