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LEVINE v. CITY OF NEW YORK

8696, 101491/06, 59048/07, 590915/09.

101 A.D.3d 419 (2012)

956 N.Y.S.2d 5

2012 NY Slip Op 8256

RENEE LEVINE et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Sued Herein as CONSOLIDATED EDISON, Respondent/ Second Third-Party Plaintiff. DANELLA CONSTRUCTION COMPANY OF NY, INC., Second Third-Party Defendant-Respondent. (And a Third-Party Action.)

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

December 4, 2012.

No appeal lies from that part of the order dismissing the second third-party complaint against Danella. Plaintiffs never asserted a direct claim against Danella, and thus, are not aggrieved by the dismissal of the second third-party action (see CPLR 5511; 11 Essex St. Corp. v Tower Ins. Co. of N.Y., 96 A.D.3d 699, 699-700 [1st Dept 2012]).

Con Ed established its entitlement to judgment as a matter of law by showing...

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