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FORRESTER v. AMERICAN PACKAGE COMPANY, INC.

55 A.D.3d 787 (2008)

SOPHIE FORRESTER et al., Respondents-Appellants, v. AMERICAN PACKAGE COMPANY, INC., Appellant-Respondent.

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

October 21, 2008.

Ordered that the cross appeal from so much of the order as denied the defendant's separate motion pursuant to Real Property Law § 220 and RPAPL 749 (3) for an award of the value of use and occupancy pendente lite is dismissed, as the plaintiffs are not aggrieved by that portion of the order (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant's cross...

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