Narrative Opinion Summary
The order from the Supreme Court, Bronx County, issued by Justice Douglas McKeon on September 14, 1995, deemed the action dismissed against the City unless the plaintiffs or defendants submitted a written theory of liability by a specified date. The appellate court unanimously dismissed the appeals without costs, determining that the order was conditional and that the appellants were not aggrieved, rendering their appeals premature according to the precedent set in Matter of Leo T. Additionally, since the plaintiff has since provided the required response to the court, the proposed dismissal is now considered moot. The decision was concurred by Justices Milonas, Wallach, Kupferman, Ross, and Williams.
Legal Issues Addressed
Conditional Orders and Aggrievementsubscribe to see similar legal issues
Application: The appellate court evaluated whether the appellants were aggrieved by a conditional order and determined that appellants were not aggrieved, making their appeals premature.
Reasoning: The appellate court unanimously dismissed the appeals without costs, determining that the order was conditional and that the appellants were not aggrieved, rendering their appeals premature according to the precedent set in Matter of Leo T.
Mootness of Proposed Dismissalsubscribe to see similar legal issues
Application: The court found that the issue of dismissal was moot because the plaintiff had complied with the court's request for a written theory of liability.
Reasoning: Additionally, since the plaintiff has since provided the required response to the court, the proposed dismissal is now considered moot.