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WUNDERLICH v. LIBERTY MEADOWS, LLC

2017-04853. Index No. 611937/16.

189 A.D.3d 1676 (2020)

139 N.Y.S.3d 312

2020 NY Slip Op 08111

Alan Wunderlich, Appellant, v. Liberty Meadows, LLC, et al., Respondents, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

The Law Offices of James A. Prestiano, P.C. (Devitt Spellman Barrett, LLP, Smithtown, NY [ John M. Denby ], of counsel), for appellant.

Esseks, Hefter, Angel, Di Talia & Pasca, LLP, Riverhead, NY ( Anthony C. Pasca and Kevin A. McGowan of counsel), for respondents.

Mastro, J.P., Cohen, Christopher and Wooten, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the portion of the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]).

In March 2007, the Howard O. Wunderlich Revocable Living Trust, the Adeline E. Wunderlich Revocable Living Trust, and Adeline E. Wunderlich (hereinafter collectively the Wunderlichs) entered into an agreement to sell...

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