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STEWART v. BERGER

2017-08021. Index No. 2041/12.

192 A.D.3d 940 (2021)

140 N.Y.S.3d 714

2021 NY Slip Op 08274

Steven Stewart, Respondent, v. David M. Berger et al., Appellants.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Conor McDonald and Mark K. Anesh of counsel), for appellants.

Austin, J.P., Miller, LaSalle and Barros, JJ., concur.

Ordered that the appeal from so much of the amended order as granted that branch of the defendants' motion which was pursuant to CPLR 3016(b) to dismiss the fourth cause of action, which alleged fraud is dismissed, as the defendants are not aggrieved by that portion of the amended order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it is further,

Ordered that the appeal from so much of the amended order...

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