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ARMAS v. YUSKA

2 A.D.3d 660 (2003)

768 N.Y.S.2d 641

FELIX ARMAS et al., Appellants-Respondents, v. KENNETH YUSKA, Respondent-Appellant.

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

December 22, 2003.

Ordered that on the Court's own motion, so much of the notice of cross appeal as purports to cross-appeal as of right from that portion of the order, as, sua sponte, directed the defendant to return the contract deposit to the plaintiffs is treated as an application for leave to cross-appeal from that portion of the order, and leave to cross-appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from...

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