Ordered that on the court's own motion, the notice of appeal from so much of the order as, sua sponte, directed dismissal of the complaint, 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 insofar as appealed from, on the law, with costs, the complaint is reinstated, and the motion is granted.
On February 15, 1989...
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