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MUTUAL BENEFITS OFFSHORE FUND, LTD. v. ZELTSER

650438/09, 9497, 9496.

172 A.D.3d 648 (2019)

2019 NY Slip Op 04290

Mutual Benefits Offshore Fund, Ltd., Respondent, v. Emanuel Zeltser et al., Appellants, et al., Defendants. Kayley Investments, Ltd., Nonparty Appellant.

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

Decided May 30, 2019.

Although Kayley Investments, Ltd.1 was not a party to the action, it may appeal (see Auerbach v Bennett, 64 A.D.2d 98, 104 [2d Dept 1978] [although CPLR 5511 refers to aggrieved parties, "the statute has not been so narrowly construed" as to be limited to parties], affd in relevant part, mod on other grounds 47 N.Y.2d 619, 627 [1979]; see also Three...

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