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DUREN v. BOGART

22 A.D.3d 790 (2005)

802 N.Y.S.2d 629

KENNETH DUREN, Respondent, v. STEVEN F. BOGART et al., Appellants.

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

October 31, 2005.

Ordered that the appeal by the defendant Steven F. Bogart is dismissed, as that appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Under the circumstances of this case, the Supreme Court properly found that the appellants Anthony Green and Evan Chavitz, waived their objection to being joined...

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