| Ramirez v City of New York |
| 2011 NY Slip Op 09610 [90 AD3d 1009] |
| December 27, 2011 |
| Appellate Division, Second Department |
| Antonio Ramirez, Appellant, v City of New York,Defendant, and Parade Management Corp. et al., Respondents. |
—[*1] Harris Beach PLLC, New York, N.Y. (Steven J. Rice and Abby Volin of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Queens County (Flug, J.), enteredFebruary 14, 2011, as, upon denying the motion of the defendants Parade Management Corp. andAutozone, Inc., pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as assertedagainst them, concluded that "Administrative Code 7-210 is not applicable" to the facts of thiscase.
Ordered that the appeal is dismissed, with costs.
The portion of the order from which the plaintiff appeals is not embodied in a decretalparagraph and does not otherwise grant or deny relief. Instead, that portion of the order is aconclusion of law which is not independently appealable (see Higgins v Higgins, 50 AD3d 852, 852 [2008]; Cosh v Cosh, 45 AD3d 798, 799[2007]; Griggs v Griggs, 44 AD3d710, 711 [2007]; ELRAC, Inc. v Belessis, 303 AD2d 445, 446 [2003];Napolitano v Kaddoch, 275 AD2d 445 [2000]; Naar v Litwak & Co., 260 AD2d613, 614 [1999]; Clark v Weiner, 254 AD2d 322 [1998]). Accordingly, the appeal mustbe dismissed. Rivera, J.P., Eng, Roman and Sgroi, JJ., concur.