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TD BANK, N.A. v. PICCOLO MONDO 21ST CENTURY, INC.

2011-10691, 2011-10692.

98 A.D.3d 499 (2012)

949 N.Y.S.2d 444

2012 NY Slip Op 5814

TD BANK, N.A., Successor by Merger to COMMERCE BANK, N.A., Respondent, v. PICCOLO MONDO 21ST CENTURY, INC., et al., Appellants.

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

Decided August 1, 2012.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order and judgment is reversed, on the law, and those branches of the plaintiff's motion which were for summary judgment on the first and fourth causes of action are denied; and it is further,

Ordered that one bill of costs is...

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