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BANK OF NEW YORK v. NORTH SHORE MART

213 A.D.2d 576 (1995)

624 N.Y.S.2d 237

Bank of New York, Respondent, v. North Shore Mart, Appellant, et al., Defendants, and Thomas P. Puccio, as Executor of The Estate of Saul Birnbaum, Deceased, Appellant

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

March 27, 1995

Ordered that the appeal of North Shore Mart is dismissed, without costs or disbursements, since North Shore Mart is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is modified, as a matter of discretion, without costs or disbursements, (1) by adding thereto a provision permitting Thomas P. Puccio leave to intervene in this action by leave of the Supreme Court, Nassau County, should a change of circumstances...

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