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Canadian Imperial Bank of Commerce v. Canada Life Assurance Company
Motion granted and appeal dismissed, without costs, upon the ground that the appeal as of right does not lie. The modification at the Appellate Division was based upon the exercise of discretion and, no substantial claim of abuse of discretion appearing, the modification is not in a respect which is within the power of the Court of Appeals to review. (CPLR 5601, subd. [a], par. [iii].)