Legal Opinion
Bernstein v. 1995 Associates
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1995PublishedCited by 6 opinions
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Carol Huff, J.), entered September 30, 1993, which, inter alia, held that plaintiff Bernstein waived his jurisdictional defense, unanimously dismissed, with costs.
As Bernstein is not "aggrieved” by the subject order, he lacks standing to appeal and thus the appeal is dismissed (CPLR 5511; see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 473). We also note that the issue which Bernstein now raises—whether he has waived his jurisdictional defense—was argued by him on his prior appeal to this Court, in which we unanimously…
2Cases cited4 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Biener v. Hystron Fibers, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Bernstein v. 1995 AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of ParsonsAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by6 opinions
- Pagan v. International Ladies Garment Workers UnionAppellate Division of the Supreme Court of the State of New York · 1996
- Sharp v. StaviskyAppellate Division of the Supreme Court of the State of New York · 1997
- Felix v. Law Offices of Thomas F. LiottiAppellate Division of the Supreme Court of the State of New York · 2015
- New Media Holding Co. v. KagalovskyAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of DuellAppellate Division of the Supreme Court of the State of New York · 2003
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