Rivera v Port Auth. of N.Y. & N.J. (2010 NY Slip Op 00663)

Rivera v Port Auth. of N.Y. & N.J.

2010 NY Slip Op 00663 [69 AD3d 919]

January 26, 2010

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 10, 2010

Ramon Rivera, Respondent,
v
Port Authority of New York and New Jersey et al., Appellants.

—[*1] Dombroff Gilmore Jaques & French, New York, N.Y. (Colleen Kerwick Savino of counsel), for appellants.

Joseph P. Ferri, Jr., Garden City, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Cullen, J.), entered January 15, 2009, which denied the motion of the defendant Port Authority of New York and New Jersey for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal by the defendant Global Ground North America, LLC, must be dismissed, as that defendant is not aggrieved by the order appealed from (see CPLR 5511). The appeal by the defendant Port Authority of New York and New Jersey must be dismissed as academic in light of our determination on a related appeal (see Rivera v Port Auth. of N.Y. and N.J., 69 AD3d 917 [2010] [decided herewith]). Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.