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ATALAYA ASSET INCOME FUND II, L.P. v. 219 SAGG MAIN, LLC

2019-02042, 2019-02133, Index No. 609491/15.

206 A.D.3d 868 (2022)

172 N.Y.S.3d 33

2022 NY Slip Op 04000

Atalaya Asset Income Fund II, L.P., Respondent, v. 219 Sagg Main, LLC, et al., Appellants, et al., Defendants.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

Berg & David, PLLC, Inwood, NY (Sholom Wohlgelernter of counsel), for appellants.

Abrams Fensterman, LLP, White Plains, NY (Robert A. Spolzino of counsel), for respondent.

Dillon, J.P., Duffy, Connolly and Christopher, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the amended order and judgment of foreclosure and sale is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The appeal from the order must be dismissed because no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]). The issues raised on the appeal from the order are brought...

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