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GROSS v. KURK

224 A.D.2d 582 (1996)

639 N.Y.S.2d 711

Roberta Gross, Appellant-Respondent, v. Mitchell Kurk, Respondent-Appellant

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

February 20, 1996

Ordered that so much of the cross-appeal as seeks to review the court's failure to consider the defendant's alternate grounds for dismissal is dismissed on the ground that the defendant is not aggrieved thereby (see, CPLR 5511); and it is further,

Ordered that the order is modified by deleting therefrom the provision denying that branch of the defendant's motion which was for costs and attorney's fees and substituting therefor a provision granting that branch...

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