Legal Opinion

Otalora v. Solimeo

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 2000PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant, Luigi Solimeo, appeals from an order of the Supreme Court, Queens County (Posner, J.), dated September 16, 1999, which granted the plaintiffs’ motion for reargument, and upon reargument, granted the plaintiffs leave to serve a supplemental summons and amended complaint substituting Palian, Inc., as the defendant in place of Luigi Solimeo.

Ordered that the appeal is dismissed, with costs.

The defendant is not aggrieved by the order appealed from, and therefore has no standing to appeal (see, CPLR 5511; Berrios v…

2Cases cited2 opinions

  1. Gomberg v. GormanAppellate Division of the Supreme Court of the State of New York · 1986
  2. Berrios v. Rockefeller Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. LoCiciro v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000

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