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SAMUEL v. GATES PLAZA HOUSING DEVELOPMENT FUND CO., INC.

2011-11287.

102 A.D.3d 667 (2013)

956 N.Y.S.2d 898

2013 NY Slip Op 74

CLIVE SAMUEL, Plaintiff, v. GATES PLAZA HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent, and CHURCH BETHESDA, INC., Appellant, et al., Defendants.

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

Decided January 9, 2013.

Ordered that the appeal is dismissed, with one bill of costs to the defendant Gates Plaza Housing Development Fund Company, Inc.

Inasmuch as the defendant Church Bethesda, Inc. (hereinafter the Church), is not aggrieved by the order appealed from, which granted relief to the defendant Gates Plaza Housing Development Fund Company, Inc., against the plaintiff, the Church's appeal must be dismissed (see CPLR 5511; Granata v City of White Plains,

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