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YEARWOOD v. POST PARK, LLC

2010-07664, 2010-11489.

91 A.D.3d 766 (2012)

936 N.Y.S.2d 893

2012 NY Slip Op 364

JASON YEARWOOD, Appellant, v. POST PARK, LLC, et al., Respondents.

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

Decided January 17, 2012.

Ordered that the appeal from the order entered July 9, 2010, is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), and, in any event, the appeal from that order has been rendered academic in light of our determination of the appeal from the order entered October 20, 2010; and it is further,

Ordered that the order entered October 20, 2010, is reversed, on the law, on the facts, and in the exercise of discretion...

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