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KLINGNER v. MASHIOFF

50 A.D.3d 746 (2008)

855 N.Y.S.2d 628

MYRNA KLINGNER, Appellant, v. ROBERT MASHIOFF et al., Defendants, and ELLIOT PAUL et al., Respondents.

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

Decided April 8, 2008.

Ordered that the appeal from the order dated January 22, 2007 is dismissed, as no appeal lies from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]), and on the further ground that that order was superseded by the order dated May 21, 2007; and it is further,

Ordered that the order dated May 21, 2007 is modified, on the law, by deleting the provision thereof granting the branch of the cross...

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