Ordered that the notice of appeal from the order dated January 28, 2005, is deemed 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 reversed, on the law and as a matter of discretion, with costs, and the complaint is reinstated.
The Supreme Court improvidently exercised its discretion in, sua sponte, dismissing the plaintiff's action to reform or rescind the parties...
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