Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, dismissed the action, 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 reversed, on the law, with costs, the action is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a determination on the merits...
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