Rose v. Bailey

271 N.E.2d 230, 28 N.Y.2d 857, 322 N.Y.S.2d 252, 1971 N.Y. LEXIS 1375

Opinion

Motion granted and appeal dismissed, without costs. Although the order of the Appellate Division is final insofar as it affirms the dismissal of plaintiffs-appellants ’ causes of action for personal injury and for loss of consortium—since said causes of action are treated as severed (see Sirlin Plumbing Co. v. Maple Hill Homes, 20 N Y 2d 401) —an appeal does not lie as of right. The dissent with respect to that portion of the order which is final is not on a “ question of law ’ ’ in favor of appellants (CPLR 5601, subd. [a], par. [i]), and the modification with respect to the nonfinal portion of said order does not come within CPLR 5601 (subd. [a], par. [iii]), in that it is not substantial, is not within the power of the Court of Appeals to review and does not aggrieve appellants.