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Rivera v. Port Authority of New York and New Jersey

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 26, 2010

RAMON RIVERA, RESPONDENT,
v.
PORT AUTHORITY OF NEW YORK AND NEW JERSEY, ET AL., APPELLANTS.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Cullen, J.), entered January 15, 2009, which denied the motion of the defendant Port Authority of New York and New Jersey for summary judgment dismissing the complaint insofar as asserted against it.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT SANDRA L. SGROI, JJ.

(Index No. 10981/04)

DECISION & ORDER

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

The appeal by the defendant Global Ground North America, LLC, must be dismissed, as that defendant is not aggrieved by the order appealed from (see CPLR 5511). The appeal by the defendant Port Authority of New York and New Jersey must be dismissed as academic in light of our determination on a related appeal (see Rivera v Port Auth. of N.Y. and N.J.,AD3d [Appellate Division Docket No. 2008-04877, decided herewith]).

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

20100126

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