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LANCER INDEMNITY COMPANY, APPELLANT-res, v. JKH REALTY GROUP, LLC RESPONDENTS-ap — (INDEX NO. 13056/10)In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant JKH Realty Group, LLC, in an underlying wrongful death action entitled Zeqiri v. JKH Realty Group, LLC, pending in the Supreme Court, Suffolk County, under Index No. 18243/10, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), dated April 1, 2013, as granted that branch of the motion of the defendant JKH Realty Group, LLC, which was for summary judgment, in effect, in its favor on the complaint insofar as asserted against it and on its counterclaim for a declaration that the plaintiff is obligated to defend and indemnify it in the underlying action and denied its cross motion for summary judgment declaring that it is not so obligated, and the defendants JKH Realty Group, LLC, and Amir Zeqiri, deceased, by the administrator of his estate, Vesel Zeqiri, and Vesel Zeqiri, individually, separately cross-appeal from the same order.

ORDERED that the cross appeals are dismissed, as the defendants are not aggrieved by the order appealed from (see CPLR 5511; Mixon v. TBV, Inc., 76 AD3d 144, 156-157); and it is further,

 
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