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NYCTL 1998-2 TRUST v. SALEM REALTY

2008-10951

69 A.D.3d 593 (2010)

891 N.Y.S.2d 284

2010 NY Slip Op 121

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

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

Decided January 5, 2010.

Ordered that the appeal from so much of the order as, upon reargument, adhered to the determination in the order dated October 1, 2007, that the plaintiffs were entitled to bring a separate action pursuant to Real Property Actions and Proceedings Law § 1503 is dismissed, as that portion of the order 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<...

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