100 A.D.2d 926 | N.Y. App. Div. | 1984
In an action, inter alia, to recover damages for wrongful death, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Westchester County (Marbach, J.), entered April 19, 1982, as dismissed the first, second, fourth and fifth causes of action asserted in her amended complaint. 11 So much of the appeal as seeks review of the dismissal of the fourth cause of action asserted in plaintiff’s amended complaint dismissed. The judgment recites that the dismissal of the fourth cause of action was made upon plaintiff’s withdrawal thereof. Accordingly, plaintiff is not aggrieved by that portion of the judgment (CPLR 5511). 11 Judgment modified, on the law, by reinstating the second and fifth causes of action asserted in plaintiff’s