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SIMMONS v. BERKSHIRE EQUITY, LLC

2014-08476, Index No. 25342/11.

149 A.D.3d 1119 (2017)

2017 NY Slip Op 03208

53 N.Y.S.3d 335

BARBARA SIMMONS, Plaintiff, v. BERKSHIRE EQUITY, LLC, et al., Appellants, and LIVINGSTON CAR PARK, LLC, Respondent.

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

Decided April 26, 2017.

Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Livingston Car Park, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as the appellants are not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it is further,

Ordered that the order is modified, on the law...

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