NILSEN v. CITY OF NEW YORK


138 A.D.2d 581 (1988)

Robert Nilsen et al., Respondents, v. City of New York, Respondent, and Staten Island Rapid Transit Operating Authority et al., Appellants

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

March 21, 1988


Ordered that the appeal by the MTA is dismissed, without costs or disbursements, on the ground that no relief was sought by or against this defendant and accordingly, it is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is modified by deleting the provisions in the first and second decretal paragraphs thereof which granted that branch of the City's motion, pursuant to CPLR 3212, which was to dismiss the...

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