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BERNSTEIN v. 1995 ASSOCS.

211 A.D.2d 560 (1995)

621 N.Y.S.2d 78

Stanley Bernstein et al., Appellants, v. 1995 Associates et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 24, 1995

As Bernstein is not "aggrieved" by the subject order, he lacks standing to appeal and thus the appeal is dismissed (CPLR 5511; see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 473). We also note that the issue which Bernstein now raises — whether he has waived his jurisdictional defense — was argued by him on his prior appeal to this Court, in which we unanimously affirmed the Supreme Court...

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