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ELKIN v. URARN ASSOCIATES

2008-11159

72 A.D.3d 734 (2010)

899 N.Y.S.2d 312

ALAN S. ELKIN et al., Respondents, v. URARN ASSOCIATES et al., Appellants, et al., Defendant.

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

Decided April 13, 2010.

Ordered that the appeal by the defendant U.S.A. Construction Corp. is dismissed, without costs or disbursements, as it is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof awarding the plaintiffs the principal sum of $140,600, and substituting therefor a provision awarding the plaintiffs...

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