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MINGRINO INDUSTRIES 2000, INC. v. PUSTILNIKOV

63 A.D.3d 804 (2009)

880 N.Y.S.2d 506

MINGRINO INDUSTRIES 2000, INC., et al., Appellants, v. SAM PUSTILNIKOV et al., Respondents.

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

June 9, 2009.

Ordered that on the Court's own motion, the plaintiffs' notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint, is treated as an application for leave to appeal, and leave to appeal from that portion of the order 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.

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