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OCWEN FEDERAL BANK FSB v. DELUXE BUILDING SYSTEMS

304 A.D.2d 805 (2003)

759 N.Y.S.2d 145

OCWEN FEDERAL BANK FSB, Appellant-Respondent, v. DELUXE BUILDING SYSTEMS, Respondent-Appellant, et al., Defendant.

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

Decided April 28, 2003.

Ordered that the appeal from so much of the order as failed to determine that branch of the motion which was to sever the counterclaim of the defendant DeLuxe Building Systems is dismissed as that branch of the motion remains pending and undecided (see Katz v Katz, 68 A.D.2d 536 [1979]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which...

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