Summary
In Leeds v. Leeds (60 N.Y.2d 641), the Court of Appeals dismissed an appeal by the plaintiff wife from an order of this court which reversed an order of Special Term and granted the defendant husband's motion for reverse partial summary judgment in the wife's favor (Leeds v. Leeds, 94 A.D.2d 788, revg 114 Misc.2d 555). The Court of Appeals held that a nonmoving party in whose favor reverse partial summary judgment had been awarded was not aggrieved thereby and, therefore, was not a permissible appellant (CPLR 5511).
Summary of this case from Wald v. WaldOpinion
Submitted August 15, 1983
Decided September 7, 1983
On the court's own motion, appeal dismissed, without costs, upon the ground that appellant is not a party aggrieved (CPLR 5511). Motion for a stay and for a preference dismissed as academic.