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NATIONAL MORTGAGE CONSULTANTS v. ELIZAITIS

23 A.D.3d 630 (2005)

804 N.Y.S.2d 799

NATIONAL MORTGAGE CONSULTANTS, Respondent, v. GUNTHER U. ELIZAITIS et al., Appellants, et al., Defendants.

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

November 28, 2005.

Ordered that on the Court's own motion, so much of the notice of appeal as purports to appeal as of right from that portion of the order which, sua sponte, vacated so much of the prior order dated January 8, 1997, as determined that the plaintiff lacked standing is treated as 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 affirmed, with costs...

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