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BATEN v. NORTHFORK BANCORPORATION, INC.

2010-01216.

85 A.D.3d 697 (2011)

925 N.Y.S.2d 548

2011 NY Slip Op 5003

MOHAMMED ABDUL BATEN, Respondent, v. NORTHFORK BANCORPORATION, INC., a Division of Capital One Financial Corporation, N.A., et al., Appellants, and RIGGS CONSTRUCTION COMPANY, INC., Respondent.

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

Decided June 7, 2011.

Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Riggs Construction Company, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, without costs or disbursements, as the appellant is not aggrieved thereby (see Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it is further,

Ordered that the order is reversed insofar as...

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