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NYCTL 1998-2 TRUST v. SALEM REALTY

2007-09886

69 A.D.3d 592 (2010)

893 N.Y.S.2d 165

2010 NY Slip Op 120

NYCTL 1998-2 TRUST et al., Respondents-Appellants, v. SALEM REALTY, Appellant-Respondent, et al., Defendants, ST. MARKS PLACE CONDOMINIUM LLC, et al., Intervenors-Respondents-Appellants, and BUILDERS BANK, Intervenor-Respondent.

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

Decided January 5, 2010.

Ordered that the appeal by the defendant Salem Realty is dismissed, without costs or disbursements, as the portion of the order appealed from by that defendant did not grant or deny any relief or have any effect in this action (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 472-473 [1986]); and it is further,

Ordered that the cross appeal by the intervenors St...

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