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OLSZEWSKI v. PARK TERRACE GARDENS, INC.

27 A.D.3d 308 (2006)

812 N.Y.S.2d 473

TADEUSZ OLSZEWSKI et al., Plaintiffs, v. PARK TERRACE GARDENS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. PLAZA RESTORATION, INC., Third-Party Defendant-Appellant.

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

March 21, 2006.

The posttrial motion was properly dismissed because the case had been settled for the total sum of $10 million, Plaza's insurance carrier had paid the full amount of its policy toward that settlement, and Plaza's appeal sought an impermissible advisory opinion (see Cuomo v Long Is. Light. Co., 71 N.Y.2d 349, 354 [1988]). Examination of Plaza's own arguments on appeal, which set forth numerous uncertainties and potential outcomes...

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