Worm v. Nicholas Di Menna & Sons, Inc.

Plaintiff failed to establish that the alleged negligence of defendant Nicholas Di Henna & Sons, Inc., was the proximate cause of his damage. With respect to that part of the judgment which dismissed plaintiff’s complaint as against defendant City of New York, appellant is not a party aggrieved and has no standing to appeal therefrom (Fitzgerald v. Greenbaum, 270 App. Div. 1026).

The judgment as against defendant Nicholas Di Henna & Sons, Inc., should be unanimously reversed on the law and facts, with costs to that defendant, and complaint against it dismissed, with costs. Appeal from judgment…