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NEW YORK TILE WHOLESALE CORP. v. THOMAS FATATO REALTY CORP.

2019-00847, 2019-10874. Index Nos. 49320/01, 515280/18.

205 A.D.3d 724 (2022)

165 N.Y.S.3d 747

2022 NY Slip Op 03000

New York Tile Wholesale Corp., Appellant, v. Thomas Fatato Realty Corp. et al., Respondents. (And Another Action.)

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Feder Kaszovitz, LLP, New York, NY ( Murray L. Skala and Bruce Robins of counsel), for appellant.

Harris Beach, PLLC, White Plains, NY ( Darius P. Chafizadeh and Allison B. Fiut of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

Ordered that the appeal from the order dated December 6, 2018, is dismissed, as no appeal lies as of right from a portion of an order that does not decide a motion made on notice (see CPLR 5701[a]), and leave to appeal has not been granted; and it is further,

Ordered that the order dated July 23, 2019, is reversed, on the law, the plaintiff's motion, in effect, to vacate so much of the order dated December 6, 2018...

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