Not aggrieved

Naula v Utokilen, LLC, 2020 NY Slip Op 01355 [2d Dept 2020]

We dismiss Adapt’s appeal because it is not aggrieved by the portions of the order that it appeals from, which constituted dicta (see Waldorf v Waldorf, 117 AD3d 1035). A party is not aggrieved merely because it “disagrees with the particular findings, rationale or the opinion supporting” a judgment or order (Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 545). That a decision “may contain language or reasoning which . . . parties deem adverse to their interests does not furnish them with a basis for standing to take an appeal” (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473). Thus, we do not address the merits of the parties’ contentions on the issue of whether the WCB’s findings have collateral estoppel effect on Adapt’s position that it was not involved with the subject construction project.

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