Legal Opinion

Twersky v. Kazaks

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

Decided December 16, 2008Published

1Opinion of the Court

The appeal by the defendant is dismissed because she is not aggrieved by the judgment, which granted her complete relief by dismissing the only two causes of action asserted in the complaint (see CPLR 5511; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544-545 [1983]; Roth v Michelson, 55 NY2d 278, 281 [1982]; Rorie v Woodmere Academy, 52 NY2d 200, 204 [1981]; Cherry v Koch, 126 AD2d 346, 348 [1987]).

Contrary to the plaintiff’s contention, under the circumstances of this case, the Supreme Court properly declined to *767direct partial specific performance of the subject option…

2Cases cited7 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Roth v. MichelsonNew York Court of Appeals · 1982
  3. Cherry v. KochAppellate Division of the Supreme Court of the State of New York · 1987
  4. Bee Jay Industrial Corp. v. FinaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Rorie v. Woodmere AcademyNew York Court of Appeals · 1981

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