Reyes-Dobles v. Chaudhry

Appellate Division of the Supreme Court of New York

Reyes-Dobles v. Chaudhry

176 A.D.2d 1240, 576 N.Y.S.2d 735, 1991 N.Y. App. Div. LEXIS 13976

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

DecidedOctober 4, 1991

StatusPublished

Cited by2 cases

This text of 176 A.D.2d 1240 (Reyes-Dobles v. Chaudhry) 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

Reyes-Dobles v. Chaudhry, 176 A.D.2d 1240, 576 N.Y.S.2d 735, 1991 N.Y. App. Div. LEXIS 13976 (N.Y. Ct. App. 1991).

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Opinion

— Appeal unanimously dismissed without costs. Memorandum: By accepting the sanctions imposed in the court’s conditional order, defendant forfeited his right to appeal (see, Gohery v Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 785; James v Powell, 24 AD2d 428; Wesson v Dullzell, 15 AD2d 744; 10 Carmody-Wait 2d, NY Prac §§ 70:84, 70:87; see also, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051). This Court can entertain an appeal only from an aggrieved party (CPLR 5511). The statement in the order on appeal that, in the event it is reversed on appeal, defendant’s attorneys shall refund the sanctions to plaintiff’s attorneys, cannot change this result. (Appeal from Order of Supreme Court, Livingston County, Houston, J. — Dismiss Complaint.) Present — Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.

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— Appeal unanimously dismissed without costs. Memorandum: By accepting the sanctions imposed in the court’s conditional order, defendant forfeited his right to appeal (see, Gohery v Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 785; James v Powell, 24 AD2d 428; Wesson v Dullzell, 15 AD2d 744; 10 Carmody-Wait 2d, NY Prac §§ 70:84, 70:87; see also, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051). This Court can entertain an appeal only from an aggrieved party (CPLR 5511). The statement in the order on appeal that, in the event it is reversed on appeal, defendant’s attorneys shall refund the sanctions to plaintiff’s attorneys, cannot change this result. (Appeal from Order of Supreme Court, Livingston County, Houston, J. — Dismiss Complaint.) Present — Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.

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Bluebook (online)

176 A.D.2d 1240, 576 N.Y.S.2d 735, 1991 N.Y. App. Div. LEXIS 13976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-dobles-v-chaudhry-nyappdiv-1991.

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