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MAX MARKUS KATZ, P.C. v. STERLING NATL. BANK

Index No. 156857/18, Appeal No. 16195, Case No. 2021-01000.

206 A.D.3d 533 (2022)

171 N.Y.S.3d 90

2022 NY Slip Op 04097

Max Markus Katz, P.C., et al., Appellants-Respondents, v. Sterling National Bank, Respondent-Appellant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Max Markus Katz, Cedarhurst, for appellants-respondents.

Cullen and Dykman, LLP, New York ( Samit G. Patel of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

We decline to consider plaintiffs' argument that defendant's pleading should be stricken for failure to provide discovery. The "issues which we may consider are limited by the notice of appeal" (Torres v City of New York, 41 A.D.3d 312, 313 [1st Dept 2007] [internal quotation marks omitted]). Because plaintiffs' notice of appeal does not mention sanctions, they have waived their right...

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