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FIRST FED. SAV. & LOAN ASSN. OF CHARLESTON v. TEZZI

2017-01188. Index No. 25445/09.

164 A.D.3d 758 (2018)

84 N.Y.S.3d 239

2018 NY Slip Op 05826

First Federal Savings & Loan Association of Charleston, Respondent, v. Ruth Tezzi, Appellant.

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

Decided August 22, 2018.

Ordered that upon the Court's own motion, the notice of appeal from so much of the order as, sua sponte, deemed the plaintiff's affidavit of service timely filed, nunc pro tunc, 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 modified, on the facts and in the exercise of discretion,...

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