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NYCTL 1996-1 TRUST v. KING

13 A.D.3d 429 (2004)

785 N.Y.S.2d 61

NYCTL 1996-1 TRUST et al., Respondents, v. ELSPETH KING, Appellant, et al., Defendants. EMC MORTGAGE CORP., Proposed Intervenor-Appellant; RALPH CANNON, Nonparty Respondent.

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

December 13, 2004.

Ordered that the appeals by Elspeth King are dismissed on the ground that she is not aggrieved by the orders appealed from (see CPLR 5511); and it is further,

Ordered that the orders are affirmed insofar as appealed from by EMC Mortgage Corp., with one bill of costs payable by EMC Mortgage Corp.

The Supreme Court providently exercised its discretion in denying EMC Mortgage Corp. (hereinafter EMC) leave to intervene in this action (see CPLR 1013...

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