Ordered that on the Court's own motion, the part of the notice of appeal that purports to appeal as of right from so much of the order as, sua sponte, granted the plaintiff leave to amend the pleadings to conform to the proof adduced at trial to assert a cause of action sounding in common-law negligence is treated as an application for leave to appeal from that part of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered...
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