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DEBCON FIN. SERVS., INC. v. 83-17 BROADWAY CORP.

2007-00029, 2007-00030, 2007-00031.

2009 NY Slip Op 02906

DEBCON FINANCIAL SERVICES, INC., plaintiff, v. 83-17 BROADWAY CORP., appellant, ET AL., defendant; BRETT MORGAN, LLC, nonparty-respondent. (Action No. 1) DEBCON FINANCIAL SERVICES, INC., plaintiff, 83-17 BROADWAY CORP., appellant, DEMETRA SIRICA, ET AL., defendants; JOSEPH NOORMAND, ET AL., nonparty-respondents. (Action No. 2)

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

Decided April 14, 2009.

Attorney(s) appearing for the Case

Lindenbaum & Young, Brooklyn, N.Y. (Alan H. Young of counsel), for Brett Morgan, LLC, nonparty-respondent in Actions No. 1 and 2.

Castro & Karten, LLP, New York, N.Y. (Claude Castro of counsel), for Joseph Noormand, nonparty-respondent in Action No 2.

Andrew Hirschhorn, Rosedale, N.Y., for defendant Demetra Sirica, and Demetra Sirica, pro se.

Mischel & Horn, P.C., New York, N.Y. (Scott T. Horn of counsel), for appellant.

Before: Reinaldo E. Rivera, J.P., Joseph Covello, John M. Leventhal, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the appeal from the first order entered November 22, 2006, is dismissed as abandoned; and it is further,

ORDERED that the second order entered November 22, 2006, is affirmed insofar as appealed from; and it is further,

ORDERED that the third order entered November 22, 2006, is modified, on the law and the facts, by deleting the provisions thereof denying those branches of the cross motion of the defendant 83-17 Broadway...

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