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Whittaker v. Cohen

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 941 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Supreme Court, Steuben County, Purple, Jr., J.

Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: We affirm for the reasons stated at Supreme Court (Purple, Jr., J.). We add only that the argument of defendant Arnot-Ogden Memorial Hospital that Supreme Court erred in granting plaintiff's oral motion to amend her bill of particulars cannot be considered on appeal. In its notice of appeal, defendant Arnot-Ogden specified that the appeal was limited to that part of the order which denied its motion to dismiss the claim of independent negligence on its part. "An appeal from only part of an order constitutes a waiver of the right to appeal from the other parts of that order" (Royal v Brooklyn Union Gas Co., 122 A.D.2d 132, 133; see also, Vias v Rohan, 119 A.D.2d 672; Christian v Christian, 55 A.D.2d 613).


Summaries of

Whittaker v. Cohen

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 941 (N.Y. App. Div. 1991)
Case details for

Whittaker v. Cohen

Case Details

Full title:DARLENE R. WHITTAKER, as Parent and Natural Guardian of THOMAS P. HOPPER…

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

Date published: Dec 26, 1991

Citations

178 A.D.2d 941 (N.Y. App. Div. 1991)
578 N.Y.S.2d 321

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