Duller v. Giorno

Defendants’ appeal of that part of the order, Supreme Court, New York County (Richard Braun, J.), entered August 9, 2005, denying plaintiff’s motion for partial summary judgment as against the Opper defendants, unanimously dismissed, without costs, as defendants are not an aggrieved party.

Defendants contend that while the order denying plaintiff summary judgment did not grant plaintiff affirmative relief, it nonetheless contained certain affirmative findings by which defendants claim to be aggrieved. Plaintiff contends that our prior decision which modified the subject order (28 AD3d 258…