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ZYGMUNT v. BERKOWITZ

301 A.D.2d 593 (2003)

754 N.Y.S.2d 313

JEAN ZYGMUNT, Appellant-Respondent, v. HARRY BERKOWITZ, Respondent-Appellant, et al., Defendants.

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

Decided January 21, 2003.

Ordered that the appeal from the order is dismissed, as no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; in any event, the appeal from the order has been abandoned; and it is further,

Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is modified, on the law and the facts...

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