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DBW TL HOLDCO 2014, LLC v. KIRK

2019-05963, 2019-05965. Index No. 608673/17.

191 A.D.3d 635 (2021)

141 N.Y.S.3d 481

2021 NY Slip Op 00543

DBW TL Holdco 2014, LLC, Appellant, v. Robert P. Kirk, Jr., et al., Defendants, and Kathleen M. Kirk, Respondent.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Bronster LLP, New York, NY ( Don Abraham of counsel), for appellant.

John R. Lewis, Jr., Esq. , P.C., Farmingdale, NY, for respondent and defendant Robert P. Kirk, Jr.

Mastro, A.P.J., Barros, Connolly and Wooten, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant Kathleen M. Kirk.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment of foreclosure and sale in the action (see Matter of Aho,...

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