Summary
In Batavia, we cited a footnote in Whitfield v City of New York (90 NY2d 777, 780 n [1997]), which states the rule similarly and cites in turn several earlier cases.
Summary of this case from Adams v. Genie IndusOpinion
Submitted November 24, 1997
Decided February 11, 1998
Motion for leave to appeal dismissed upon the ground that a party who, as a result of a conditional order, has stipulated at the trial or appellate court to a reduction in damages in lieu of a new trial on a cause of action, foregoes all further review of other issues raised by that order, including those pertaining to any other cause of action, and is therefore not a party aggrieved ( see, CPLR 5511; Whitfield v City of New York, 90 N.Y.2d 777, 780, n).