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  5. 67 N.Y.2d 1029 (1986)
 

YONKERS CITY POST NO. 1666, VETERANS OF FOREIGN WARS OF THE UNITED STATES, INC. v. JOSANTH REALTY CORP.

67 N.Y.2d 1029 (1986)

Yonkers City Post No. 1666, Veterans of Foreign Wars of the United States, Inc., Respondent-Appellant, v. Josanth Realty Corporation, Defendant, Josephine Bottiglieri, as Executrix of Joseph Bottiglieri, Appellant-Respondent, and Metropolitan Title Guarantee Co. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Morton N. Wekstein for appellant-respondent.

Robert I. Eber for respondent-appellant.

Matthew Dollinger for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to it for further proceedings. Defendant Bottiglieri's appeal should be dismissed upon the ground that he is not aggrieved by the modification at the Appellate Division (CPLR former 5601 [a] [iii]; Mulligan v Wetchler, 30 N.Y.2d 951, dismissing appeal from

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