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GELOBTER v. FOX

2011-00484

90 A.D.3d 832 (2011)

937 N.Y.S.2d 860

2011 NY Slip Op 9269

ELLEN GELOBTER, Appellant-Respondent, v. ARYEH FOX, Also Known as CHRISTIAN FOX, et al., Defendants, ALISA SCHIFF, ESQ., et al., Respondents, and MICHAEL GROSS, ESQ., Respondent-Appellant. G. ALEXANDER NOVAK, Nonparty Appellant-Respondent.

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

Decided December 20, 2011.

Ordered that the appeal and the cross appeal are dismissed, with one bill of costs to the payable by the respondent-appellant and the respondents appearing separately and filing separate briefs.

The appeal by the plaintiff must be dismissed, as she is not aggrieved by the order (see CPLR 5511). The appeal by the nonparty G. Alexander Novak and the cross appeal must be dismissed as academic in light of our determination in Gelobter v Fox (

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