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DIMERY v. ULSTER SAVINGS BANK

13 A.D.3d 574 (2004)

789 N.Y.S.2d 159

ALICE LARAINE DIMERY, Appellant-Respondent, v. ULSTER SAVINGS BANK, Respondent-Appellant.

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

December 27, 2004.

Ordered that the cross appeal is dismissed as abandoned, for failure to prosecute same in accordance with the rules of this Court (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is modified, on the law, by deleting therefrom (1) the eleventh decretal paragraph, awarding the defendant damages representing unpaid rent for the period from April 1, 1991, through October 1, 2000, and (2) the fourteenth decretal paragraph, awarding the...

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