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SALOMON BROTHERS REALTY CORP. v. ALVAREZ

22 A.D.3d 482 (2005)

802 N.Y.S.2d 705

SALOMON BROTHERS REALTY CORP., Appellant-Respondent, v. ELIZABETH ALVAREZ et al., Respondents, and EDWARD P. KALLEN, Respondent-Appellant.

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

October 3, 2005.

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8 [c], [el); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly directed that the heirs of the deceased mortgagor be joined as necessary parties to the action. The record does not reflect that the plaintiff exercised...

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