Borgia v. City of New York

Appellate Division of the Supreme Court of New York

Borgia v. City of New York

15 A.D.2d 557, 223 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 6859

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1961

StatusPublished

This text of 15 A.D.2d 557 (Borgia v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Borgia v. City of New York, 15 A.D.2d 557, 223 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 6859 (N.Y. Ct. App. 1961).

Pincite

Opinion

The plaintiff Nicholas Borgia, as guardian ad litem, is not aggrieved by that part of the judgment from which he seeks to appeal. Nor is he aggrieved individually by such part of the judgment, since he consented to the reduction to $17,500 of the jury’s verdict for $45,000 in his favor (cf. Enslein v. Hudson & Manhattan R. R. Co., 5 N Y 2d 778; Civ. Prac. Act, § 557). With the dismissal of plaintiffs’ cross appeal from the judgment, their right under section 580 of the Civil Practice Act to appeal from said intermediate order falls. Ughetta, Acting P. J., Christ, Pette and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The plaintiff Nicholas Borgia, as guardian ad litem, is not aggrieved by that part of the judgment from which he seeks to appeal. Nor is he aggrieved individually by such part of the judgment, since he consented to the reduction to $17,500 of the jury’s verdict for $45,000 in his favor (cf. Enslein v. Hudson & Manhattan R. R. Co., 5 N Y 2d 778; Civ. Prac. Act, § 557). With the dismissal of plaintiffs’ cross appeal from the judgment, their right under section 580 of the Civil Practice Act to appeal from said intermediate order falls. Ughetta, Acting P. J., Christ, Pette and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.2d 557, 223 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 6859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borgia-v-city-of-new-york-nyappdiv-1961.