| DKFT Pizza, Inc. v Riviera Plaza, LLC |
| 2010 NY Slip Op 02086 [71 AD3d 816] |
| March 16, 2010 |
| Appellate Division, Second Department |
| DKFT Pizza, Inc., Doing Business as Domenico's Pizzeria &Ristorante Antico, et al., Respondents, v Riviera Plaza, LLC, et al., Appellants, et al.,Defendants. |
—[*1] Bisogno & Meyerson, LLP, Brooklyn, N.Y. (Saul Fellus of counsel), forrespondents.
In an action, inter alia, to recover damages for breach of contract and for a permanentinjunction compelling the defendants Riviera Plaza, LLC, and Riviera Plaza Associates toterminate their lease with the defendants DCB Food Services Corp., doing business as Sandella'sCafÉ, and Danielle DiBenedetto, the defendants Riviera Plaza, LLC, and Riviera PlazaAssociates appeal from an order of the Supreme Court, Richmond County (Fusco, J.), datedDecember 12, 2008, which granted the plaintiffs' motion for a preliminary injunction to theextent of enjoining the defendants DCB Food Services Corp., doing business as Sandella'sCafÉ, and Danielle DiBenedetto from selling certain food and beverage items at theirrestaurant within the shopping center owned by the defendants Riviera Plaza, LLC, and RivieraPlaza Associates.
Ordered that the appeal is dismissed, with costs.
Only "[a]n aggrieved party or a person substituted for him may appeal from any appealable. . . order" (CPLR 5511). "A party is aggrieved by an order when it directly affectsthat party's individual rights" (Berrechidv Shahin, 60 AD3d 884 [2009]; see Carollo v Northern Westchester Hosp. Ctr., 5 AD3d 715[2004]). Since the Supreme Court's order, which preliminarily enjoined the defendants DCBFood Services Corp., doing business as Sandella's Cafe, and Danielle DiBenedetto from sellingcertain food and beverage items at their cafÉ, did not affect the rights of the defendantsRiviera Plaza, LLC, and Riviera Plaza Associates, the latter two are not aggrieved by the order,and the appeal must be dismissed (see generally Matter of Commercial Bank of Informatics& Computing Technique Dev. Bank Informtechnika v Ostashko, 274 AD2d 516 [2000];Law v Benedict, 197 AD2d 808 [1993]; see also Won's Cards vSamsondale/Haverstraw Equities, 165 AD2d 157, 162 [1991]). Florio, J.P., Angiolillo,Balkin and Sgroi, JJ., concur.