MIXON v. TBV, INC.

2008-08612

76 A.D.3d 144 (2010)

904 N.Y.S.2d 132

KATRINA MIXON et al., Respondents, v. TBV, INC., et al., Respondents, and JONATHIN TRANSPORTER et al., Appellants, et al., Defendants.

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

Decided June 22, 2010.


Attorney(s) appearing for the Case

Cruser, Mitchell & Novitz, LLP, Melville ( Beth S. Gereg of counsel), appellant pro se, and for Jonathin Transporter, appellant.

Rubenstein & Rynecki, Brooklyn ( Kliopatra Vrontos of counsel), for Katrina Mixon and another, respondents.

Campolo, Middleton & Associates, LLP, Bohemia ( Scott D. Middleton of counsel), for TBV, Inc. and another, respondents.

COVELLO, LEVENTHAL and ROMAN, JJ., concur.


OPINION OF THE COURT

SKELOS, J.P.

In this action to recover damages for personal injuries involving a rear-end collision, the substantive issue before us is whether summary judgment was properly awarded to the defendants TBV, Inc., and George R. McLaren, Jr. However, the procedural posture of the case presents a threshold issue concerning an essential element of appellate jurisdiction, i.e., the question of aggrievement.

The plaintiffs Katrina Mixon...

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