Hecht v. City of New York

OPINION OF THE COURT

Chief Judge Cooke.

This appeal presents a question respecting the limits of an appellate court’s scope of review of a judgment rendered against multiple parties but appealed by only one. Generally, an appellate court cannot grant affirmative relief to a nonappealing party unless it is necessary to do so in order to accord full relief to a party who has appealed. Thus, it was error here for the Appellate Division to dismiss the action against a joint tort-feasor found liable at trial, but who took no appeal from the judgment.

Plaintiff commenced this negligence action against…