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ASM CAPITAL v. FIRST NATIONAL BANK OF WAVERLY

2014-10536, 2015-03062, Index No. 1384/10.

146 A.D.3d 741 (2017)

2017 NY Slip Op 00142

45 N.Y.S.3d 504

ASM CAPITAL et al., Appellants-Respondents, v. FIRST NATIONAL BANK OF WAVERLY et al., Respondents-Appellants.

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

Decided January 11, 2017.

Ordered that the cross appeal from the order dated August 28, 2014, is dismissed, as the portion of the order dated August 28, 2014, cross-appealed from was superseded by the order dated December 17, 2014, made upon renewal; and it is further,

Ordered that the cross appeal from the order dated December 17, 2014, is dismissed, as the defendants are not aggrieved by that order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144

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