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WALLACE v. BSD-M REALTY, LLC

2014-03184, Index No. 7150/11.

142 A.D.3d 701 (2016)

36 N.Y.S.3d 884

ELAINE WALLACE, Appellant, v. BSD-M REALTY, LLC, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided August 31, 2016.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint insofar as asserted against the defendant BSD-M Realty, LLC, is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, and the motion of the defendant...

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