Rose v. Bailey

Full title: JERRY B. ROSE et al., Appellants, v. SUSAN BAILEY et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Apr 21, 1971

28 N.Y.2d 857 (N.Y. 1971)

322 N.Y.S.2d 252

271 N.E.2d 230

Opinion

Submitted April 12, 1971

Decided April 21, 1971

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Bower, O'Connor Gardner for motion.

Irving Lemov opposed.

Motion granted and appeal dismissed, without costs. Although the order of the Appellate Division is final insofar as it affirms the dismissal of plaintiffs-appellants' causes of action for personal injury and for loss of consortium — since said causes of action are treated as severed (see Sirlin Plumbing Co. v. Maple Hill Homes, 20 N.Y.2d 401) — an appeal does not lie as of right. The dissent with respect to that portion of the order which is final is not on a "question of law" in favor of appellants (CPLR 5601, subd. [a], par. [i]), and the modification with respect to the nonfinal portion of said order does not come within CPLR 5601 (subd. [a], par. [iii]), in that it is not substantial, is not within the power of the Court of Appeals to review and does not aggrieve appellants.