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ROSENBERG v. RIXON

111 A.D.2d 910 (1985)

Marla Rosenberg et al., Appellants-Respondents, v. Irving E. Rixon et al., Respondents-Appellants, and Kenneth J. Einhart, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 24, 1985

Cross appeal dismissed. Defendants Rixon and Capgro are not aggrieved by the judgment since it dismisses plaintiffs' complaint as against them (CPLR 5511). The jury's apportionment of fault after trial on the issue of liability is brought up for review and has been reviewed on the plaintiffs' appeal from the judgment (CPLR 5501 [a] [1]; Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539, 544-545).

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