Ordered that, on the Court's own motion, the appellant's notice of appeal from so much of the order as granted the branch of the defendant's motion which was to strike scandalous and prejudicial material from the complaint is treated as an application for leave to appeal and leave to appeal is granted (see, CPLR 5701 [c]); and it is further;
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined...
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