Wells Fargo Bank, N.A. v. Chukchansi Economic Development Authority

Orders, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered December 12, 2013, which, insofar as appealed from as limited by the briefs, granted plaintiffs motion to dismiss appellants’ counterclaim, granted defendants-respondents’ motion to dismiss appellants’ cross claims, and denied appellants’ motions to modify the court’s July 2, 2013 preliminary injunction, unanimously affirmed, with costs.

Appellants may not attack the underlying preliminary injunction because they did not appeal from it; however, they properly appealed from the motion court’s refusal to modify the…