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WORM v. DI MENNA & SONS

5 Misc.2d 203 (1957)

Chris Worm, Respondent, v. Nicholas Di Menna & Sons, Inc., Appellant, and City of New York, Respondent.

Supreme Court, Appellate Term, Second Department.

January 10, 1957.

Attorney(s) appearing for the Case

Emil V. Pilz and Thomas B. Treacy for appellant.

Charles J. Heffernan and Irving Ginsberg for Chris Worm, respondent.

Peter Campbell Brown, Corporation Counsel (Fred Iscol, Seymour B. Quel and Ruth Levinson of counsel), for City of New York, respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.

Per Curiam.

Plaintiff failed to establish that the alleged negligence of defendant Nicholas Di Menna & Sons, Inc., was the proximate cause of his damage. With respect to that part of the judgment which dismissed plaintiff's complaint as against defendant City of New York, appellant is not a party aggrieved and has no standing to appeal therefrom (Fitzgerald v. Greenbaum, 270 App. Div. 1026).

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