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PINELAWN CEMETERY v. METROPOLITAN TRANSP. AUTH.

2014-11047, Index No. 4452/09.

155 A.D.3d 1069 (2017)

66 N.Y.S.3d 20

2017 NY Slip Op 08399

PINELAWN CEMETERY, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Defendants/Counterclaim Plaintiffs-Appellants-Respondents, NEW YORK AND ATLANTIC RAILWAY, Appellant-Respondent, and TOWN OF BABYLON, Counterclaim Defendant-Respondent-Appellant.

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

Decided November 29, 2017.

Ordered that the appeal by the New York and Atlantic Railway is dismissed, as that party is not aggrieved by the order and judgment appealed from (see CPLR 5511); and it is further,

Ordered that the order and judgment is affirmed insofar as appealed from by the Metropolitan Transportation Authority and the Long Island Rail Road Company and insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to Pinelawn Cemetery...

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