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FIA CARD SERVICES, N.A. v. RUBINSTEIN

2011-03901.

95 A.D.3d 1070 (2012)

943 N.Y.S.2d 906

2012 NY Slip Op 3804

FIA CARD SERVICES, N.A., Respondent, v. NORMAN RUBINSTEIN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.

Ordered that on the Court's own motion, the notice of appeal from an order of the same court dated March 9, 2011, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly denied his cross motion to dismiss the complaint for failure to comply with a prior order of the same court...

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