Ventricelli v. Kinney System Rent A Car, Inc.
This text of 44 N.Y. 727 (Ventricelli v. Kinney System Rent A Car, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Motion to dismiss appeal taken as of right by third-party plaintiffs granted and their appeal dismissed, without costs, upon the ground that they are not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).
Application of third-party plaintiffs for leave to appeal granted; they are parties aggrieved (CPLR 5511). To the extent that this disposition may be thought to be inconsistent with Miner v Long Is. Light. Co. (37 NY2d 775, 920), the determinations of the motions to dismiss the protective appeals taken in that case on the ground that the third-party appellants were not parties aggrieved are not followed.
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44 N.Y. 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventricelli-v-kinney-system-rent-a-car-inc-ny-1978.