Rachel A. Burns-Tetteh, Plaintiff-Appellant, v. Goldfarb Properties - Pelican Management, Inc., Defendant-Respondent. (2026)

Per Curiam.

Appeal from order (Joaquin E. Orellana, J.), dated December 9, 2025, dismissed, without costs, as plaintiff-appellant was not aggrieved by the order.

An appeal may be taken only by a party "aggrieved" by an order or judgment (CPLR 5511). A party is aggrieved within the meaning of CPLR 5511 "when he or she asks for relief but that relief is denied in whole or in part, or, when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part" (Rojas v Paine, 125 AD3d 742, 744 [2015] [internal quotation marks and citation omitted]). Here, plaintiff is not aggrieved by the order that denied defendant's motion to dismiss the complaint for failure to state a cause of action (see Oparaji v Vessup, 158 AD3d 636, 637 [2018]). "A party is not aggrieved by an order which does not grant relief he or she did not request" (Spielman v Mehraban, 105 AD3d 943, 943-944 [2013] [internal quotation marks and citation omitted]).

Plaintiff's proper remedy in this particular case lies in a motion to vacate the December 2025 stipulation of discontinuance.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: September 24, 2026