11 Essex Street Corp. v. Tower Insurance

Appeal from order, Supreme Court, New York County (Emily Jane Goodman, J.), entered September 10, 2010, which, to the extent appealed from as limited by the briefs, denied the motion of fifth third-party defendant Franke, Gottsegen, Cox Architects (FGCA) to vacate the note of issue, and granted plaintiff 11 Essex Street’s cross motion to sever the fifth third-party action, unanimously dismissed, without costs.

Defendant Berzak Gold, the engineering firm retained to design the underpinning and support for plaintiff’s building, has no standing to bring this appeal, as it is not an “aggrieved…