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255 BUTLER ASSOC., LLC v. 255 BUTLER, LLC

2018-12445. Index No. 511560/15.

208 A.D.3d 829 (2022)

173 N.Y.S.3d 669

2022 NY Slip Op 05066

255 Butler Associates, LLC, Respondent, v. 255 Butler, LLC, et al., Appellants.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York, NY ( Stuart A. Blander and Eli Feit of counsel), for appellants.

Sills Cummis & Gross P.C., New York, NY ( Mitchell D. Haddad , Lonuzzi & Woodland LLP [ John Lonuzzi ], and Susman Godfrey LLP [ Jacob W. Buchdahl and Cory Buland ], of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

Ordered that the appeal by the defendants Ariel Akkad, Nathan Akkad, Solomon Akkad, and Benjamin Akkad is dismissed, as those defendants are not aggrieved by the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it is further,

Ordered that the order is affirmed on the appeal by the defendant 255 Butler, LLC; and it is further,

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