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Whiteman v. Yeshiva

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 378 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

The appellants did not oppose General Accident Insurance Company's original motion for summary judgment, nor did they join in or submit any papers in support of the renewed motion which resulted in the order appealed from. Consequently, they do not have standing as aggrieved parties to appeal ( see, CPLR 5511; Mortgagee Affiliates Corp. v. Jerder Realty Servs., 62 A.D.2d 591, 595, affd on other grounds 47 N.Y.2d 796; Price v. Erie County Bd. of Elections, 72 A.D.2d 969, 970; cf., Ciraolo v. Melville Ct. Assocs., 221 A.D.2d 582; Voorhees v. Babcock Wilcox Corp., 150 A.D.2d 677). Even if they had standing to appeal, consideration of one of the issues they raise — the applicability of an insurance policy exclusion — would be precluded. The dismissal by decision and order of this Court dated March 19, 1998, of a prior appeal from an order dated April 24, 1997, for lack of prosecution bars review of that issue ( see, Marmarou v. Spartan Diner, 247 A.D.2d 593).

Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.


Summaries of

Whiteman v. Yeshiva

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 378 (N.Y. App. Div. 1998)
Case details for

Whiteman v. Yeshiva

Case Details

Full title:JULIAN WHITEMAN, Plaintiff, v. YESHIVA MESIVTA TORAH TEMIMAH et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1998

Citations

255 A.D.2d 378 (N.Y. App. Div. 1998)
679 N.Y.S.2d 708

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