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NYCTL 1997-1 TRUST v. CONGREGATION BEIS MEDRESH SIKRON AVRUHOM SPINKA

32 A.D.3d 833 (2006)

820 N.Y.S.2d 525

NYCTL 1997-1 TRUST, Appellant, v. CONGREGATION BEIS MEDRESH SIKRON AVRUHOM SPINKA, Respondent, et al., Defendants.

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

September 12, 2006.

Ordered that the appeal from so much of the order as, sua sponte, limited the respondent's obligation to the amount demanded in the complaint and declined to award the plaintiff interest and an attorney's fee, is dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; ADC Orange, Inc. v Coyote Acres, Inc., 20 A.D.3d 495

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