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WELLS FARGO BANK, N.A. v. CHUKCHANSI ECONOMIC DEV. AUTH.

652140/13, 12777A, 12777.

118 A.D.3d 550 (2014)

988 N.Y.S.2d 160

2014 NY Slip Op 4437

WELLS FARGO BANK, N.A., as Trustee, Respondent, v. CHUKCHANSI ECONOMIC DEVELOPMENT AUTHORITY et al., Appellants, and CHUKCHANSI ECONOMIC DEVELOPMENT AUTHORITY et al., Respondents, et al., Defendants.

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

Decided June 17, 2014.

Appellants may not attack the underlying preliminary injunction because they did not appeal from it; however, they properly appealed from the motion court's refusal to modify the injunction (see Matter of Xander Corp. v Haberman, 41 A.D.3d 489 [2d Dept 2007]).

One of the orders appealed from explicitly denied appellants' second motion to modify the injunction on the ground that...

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