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1200 BEDFORD AVE., LLC v. GRACE BAPTIST CHURCH

2018-03798. Index No. 503786/12.

199 A.D.3d 971 (2021)

154 N.Y.S.3d 789

2021 NY Slip Op 06600

1200 Bedford Avenue, LLC, Plaintiff, v. Grace Baptist Church, Defendant/Third-Party Plaintiff-Appellant. Fred D. Way III, Third-Party Defendant-Respondent.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Goldstein Hall, PLLC, New York, NY ( Peter Rivera of counsel), for defendant third-party plaintiff-appellant.

Dillon, J.P., Barros, Christopher and Zayas, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed dismissal of the third-party complaint as abandoned pursuant to CPLR 3215(c) is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs...

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