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JP MORGAN CHASE BANK, N.A. v. MARK ELLIOT KORN & ASSOC., LLC

2008-09745, 2008-09747.

66 A.D.3d 844 (2009)

886 N.Y.S.2d 612

2009 NY Slip Op 7595

JP MORGAN CHASE BANK, N.A., Respondent, v. MARK ELLIOT KORN & ASSOCIATES, LLC, et al., Appellants.

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

Decided October 20, 2009.

Ordered that the appeal from so much of the order entered April 21, 2008, as conditionally granted that branch of the plaintiff's unopposed cross motion which was to strike the defendants' answer and counterclaims pursuant to CPLR 3126 unless they provided certain disclosure and a bill of particulars within 30 days of service of the order is dismissed, as the defendants are not aggrieved thereby (see CPLR 5511; Giraldo v Morrisey, 63 A.D.3d...

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