Can A Party Appeal on Behalf of Another Party? Second Department Reminds the Bar That the Answer Is: "NO"

In Barrett v. Dennis Lounsbury Builders, Inc., defendant Garvey attempted to appeal the dismissal of the plaintiff's Labor Law § 200 and common-law negligence claims asserted against defendant Dennis Lounsbury Builders, as well as the refusal of the lower court to search the record and grant Garvey summary judgment on his cross-claim against Lounsbury for common-law indemnification. The Second Department dismissed Garvey's appeal, holding that "[w]here the order does not affect the rights of an appealing party, that party is not aggrieved by the order and the appeal must be dismissed."  Likewise, a party is not aggrieved by an order that does not grant relief that was not requested.