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NORTON v. KENDERES

46 A.D.3d 644 (2007)

846 N.Y.S.2d 917

ELIZABETH NORTON, Plaintiff, v. KRISTOPHER KENDERES, Appellant. SATZ AND KIRSHON, P.C., Intervenor-Respondent; IBM CORPORATION, Nonparty Respondent.

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

Decided December 11, 2007.

Ordered that the appeal is dismissed, with costs.

The issue raised by the defendant on this appeal and the appeal from an order of the same court dated February 10, 2006 (see Norton v Kenderes, 46 A.D.3d 643 [2007] [decided herewith]) was determined in a prior order of the same court dated October 25, 2004. No appeal was taken from that order. Accordingly, the issue is not properly before...

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