Enslein v. Hudson & Manhattan R. Co.
| Decision Date | 16 October 1958 |
| Parties | , 154 N.E.2d 558 Meta ENSLEIN, Respondent-Appellant, v. HUDSON & MANHATTAN RAILROAD COMPANY, Appellant-Respondent, the Peelle Company, Defendant-Appellant, and Pennsylvania Railroad Company, Defendant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 833, 176 N.Y.S.2d 70.
Passenger, who was injured in fall on escalator at railroad station, and who subsequently fractured her hip in fall in living room of her home, brought action against company, which installed the escalator, first railroad, which owned the station and had leased it to second railroad, and second railroad, to recover for injuries.
The Supreme Court, Trial Term, Kings County, Louis L. Friedman, J., 8 Misc.2d 87, 165 N.Y.S.2d 630, entered judgment in favor of the passenger for $50,000 plus out-of-pocket special damages against company, which installed the escalator, and the second railroad, and they appealed.
The Appellate Division, 6 A.D.2d 833, 176 N.Y.S.2d 70, affirmed the judgment in part and reversed it in part, unless passenger should agree to reduce verdict to $6,000. Beldock, J., dissented.
The passenger, the company, which had installed the escalator, and the second railroad appealed to the Court of Appeals, and the second railroad made a motion in the Court of Appeals to dismiss the appeal of the passenger.
Motion by Hudson & Manhattan Railroad Company to dismiss the appeal of the respondent-appellant granted and the appeal dismissed upon the ground that the plaintiff is not a party aggrieved within the meaning of § 557 of the Civil Practice Act.
Motion by the appellant to dismiss the appeal of the respondent-appellant granted and the appeal dismissed upon the ground that the plaintiff is not a party aggrieved within the meaning of § 557 of the Civil Practice Act.
To continue reading
Request your trial
-
Borgia v. City of New York
...reviewable since he stipulated to such reduction and, accordingly, is not a 'party aggrieved' (see Enselin v. Hudson & Manhattan R. R. Co., 5 N.Y.2d 778, 180 N.Y.S.2d 299, 154 N.E.2d 558; Civ.Prac.Act, § Plaintiffs' appeals discussed in the paragraph next above should be dismissed. The judg......
-
Enslein v. Hudson & Manhattan R. Co.
...the Court of Appeals, and motions were made in the Court of Appeals to dismiss the appeal of the passenger. The Court of Appeals, 5 N.Y.2d 778, 180 N.Y.S.2d 299, granted the motions to dismiss the appeal of the passenger, on ground that the passenger was not a party aggrieved within meaning......
-
Rumph v. Gotham Ford, Inc.
...not parties aggrieved. Borgia v. City of New York, 12 N.Y.2d 151, 237 N.Y.S.2d 319, 187 N.E.2d 777; Enslein v. Hudson & Manhattan R.R. Co., 5 N.Y.2d 778, 180 N.Y.S.2d 299, 154 N.E.2d 558. However, the plaintiffs, who have stipulated to the reduction, have the right to argue, on the defendan......
-
Gilroy v. American Broadcasting Company, Inc.
...dismissed upon the ground that plaintiff is not a party aggrieved (see, e. g., Enslein v. Hudson & Manhattan R. R. Co., 5 N.Y.2d 778, 180 N.Y.S.2d 299, 154 N.E.2d 558, 58 A.D.2d 533, 395 N.Y.S.2d 658. ...