CPLR § 5511 Permissible appellant and respondent
AMS Prods., LLC v Signorile, 2009 NY Slip Op 07776 (App. Div., 2nd, 2009)
Only an aggrieved party may appeal from an order or judgment pursuant to CPLR 5511 (see Unitrin Advantage Ins. Co. v Duclaire, 49 AD3d 863). Where a party obtains the relief it seeks from the Supreme Court, is not aggrieved by that order (id.; see DiMare v O'Rourke, 35 AD3d 346; Evans v Nab Constr. Corp., 80 AD2d 841).
Here, the plaintiff, by its motion, sought a preliminary injunction enjoining the defendant from "engaging in any business, trade or occupation" within the New York City metropolitan area that was "similar to the one" he sold to the plaintiff. The Supreme Court granted all of the relief requested in the plaintiff's motion. Consequently, the plaintiff is not an aggrieved party.
To the extent that the plaintiff requests relief on this appeal which was not sought before the Supreme Court, that request is not properly before this Court.
The bold is mine.
