Iovino v. Doe

Appellate Division of the Supreme Court of New York

Iovino v. Doe

277 A.D.2d 353, 716 N.Y.S.2d 599, 2000 N.Y. App. Div. LEXIS 12060

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

DecidedNovember 20, 2000

StatusPublished

Cited by1 cases

This text of 277 A.D.2d 353 (Iovino v. Doe) 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

Iovino v. Doe, 277 A.D.2d 353, 716 N.Y.S.2d 599, 2000 N.Y. App. Div. LEXIS 12060 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated November 3, 1999, which awarded the nonparty, Pulvers Pulvers Thompson & Kutner, P. C., only 5% of the legal fee in this matter.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order (see, CPLR 5511).

Since the nonparty law firm did not file a notice of appeal on its own behalf but only on behalf of the nonaggrieved plaintiff, any attempt by that nonparty to prosecute the appeal on its own behalf is a nullity (see, Scopelliti v Town of New Castle, 92 NY2d 944). O’Brien, J. P., Sullivan, Krausman, Goldstein and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated November 3, 1999, which awarded the nonparty, Pulvers Pulvers Thompson & Kutner, P. C., only 5% of the legal fee in this matter.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order (see, CPLR 5511).

Since the nonparty law firm did not file a notice of appeal on its own behalf but only on behalf of the nonaggrieved plaintiff, any attempt by that nonparty to prosecute the appeal on its own behalf is a nullity (see, Scopelliti v Town of New Castle, 92 NY2d 944). O’Brien, J. P., Sullivan, Krausman, Goldstein and Schmidt, JJ., concur.

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Bluebook (online)

277 A.D.2d 353, 716 N.Y.S.2d 599, 2000 N.Y. App. Div. LEXIS 12060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iovino-v-doe-nyappdiv-2000.

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