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2010-1633 K C. N.F. GOZO CORP., ap, v. GENE KISELMAN, GENE TSIRKIN and 2500 CONEY ISLAND AVENUE ASSOCIATES, LLC, def, and WASHINGTON MUTUAL BANK, res — Appeals from orders of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered January 7, 2010 and April 23, 2010, respectively. The order entered January 7, 2010, insofar as appealed from, granted the branches of a motion by J.P. Morgan Chase Bank, N.A., acquirer of certain assets and liabilities of Washington Mutual Bank from the Federal Deposit Insurance Corporation, seeking summary judgment dismissing so much of the complaint as was asserted against defendant Washington Mutual Bank and indemnification against defendant 2500 Coney Island Avenue Associates, LLC. The order entered April 23, 2010, insofar as appealed from, denied the branch of plaintiff’s motion seeking leave to amend the complaint, and, upon granting the branch of plaintiff’s motion seeking leave to reargue its opposition to the prior motion, modified the prior order only to the extent of providing that the branch of the motion by J.P. Morgan Chase Bank, N.A. seeking a judgment of indemnification against 2500 Coney Island Avenue Associates, LLC was granted on default.

ORDERED that the appeal from the order entered January 7, 2010 is dismissed as that order was superseded by the order entered April 23, 2010; and it is further,

 
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