SNOW v. LLC (2024)

DECISION & ORDER

In an action, inter alia, to recover damages for medical malpractice, nonparties Gotham Staffing, LLC, and Adelaida Sarmiento–Villaroman appeal from an order of the Supreme Court, Kings County (Bernard J. Graham, J.), dated April 22, 2021.  The order, insofar as appealed from, denied the defendants’ cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice in a related action and to transfer the related action from the general negligence part to the medical malpractice part.

ORDERED that the appeal is dismissed, with costs.

Nonparties Gotham Staffing, LLC, and Adelaida Sarmiento–Villaroman (hereinafter together the appellants) appeal from so much of an order as denied the defendants’ cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice in a related action and to transfer the related action from the general negligence part to the medical malpractice part.

The appellants are not aggrieved by that order because the order neither denied relief they requested nor granted relief against them, which they opposed (see Matter of Allstate Ins. Co. v. Dewar, 186 A.D.3d 826, 827, 127 N.Y.S.3d 801;  Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132).  To the extent the appellants made an affirmative request for relief before the Supreme Court, the order appealed from did not address it (see Matter of Allstate Ins. Co. v. Dewar, 186 A.D.3d at 827, 127 N.Y.S.3d 801).  Furthermore, neither “language or reasoning that a party deems adverse to its interests” nor “findings of fact and conclusions of law which do not grant or deny relief” provide a basis for appeal (Wunderlich v. Liberty Meadows, LLC, 189 A.D.3d 1676, 1678, 139 N.Y.S.3d 312 [internal quotation marks omitted];  see Parochial Bus Sys. v. Board of Educ. of City of N.Y., 60 N.Y.2d 539, 545, 470 N.Y.S.2d 564, 458 N.E.2d 1241).  Accordingly, we must dismiss the appeal.

IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.