BATAVIA TURF FARMS, INC. v. COUNTY OF GENESEE

Motion for leave to appeal dismissed upon the ground that a party who, as a result of a conditional order, has stipulated at the trial or appellate court to a reduction in damages in lieu of a new trial on a cause of action, foregoes all further review of other issues raised by that order, including those pertaining to any other cause of action, and is therefore not a party aggrieved ( see, CPLR 5511; Whitfield v City of New York, 90 N.Y.2d 777, 780, n).