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SUN v. CITY OF NEW YORK

55 A.D.3d 795 (2008)

LING FEI SUN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

October 21, 2008.

Ordered that on the Court's own motion, the notice of appeal from the order is treated as 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, with costs, the action is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings before a different Justice.

The Supreme Court abused its discretion when it, in effect...

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