New York Court of Appeals
Lyndon P. Sharrow v. Dick Corporation, and Third-Party and Southern Steel Corporation, and Third-Party…
December 13, 199484 N.Y.2d 976
Summary
The Court denied the motion to dismiss the appeal taken by third‑party defendant G & H Steel Service, Inc., but granted the motion to dismiss the appeal taken by Southern Steel Corporation. The dismissal was based on the finding that Southern Steel, having stipulated to the additur in the Appellate Division, was not a party aggrieved under CPLR 5511 and therefore lacked standing to appeal.