Ordered that on the Court's own motion, the plaintiff's notice of appeal 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 insofar as appealed from, on the facts and as an exercise of discretion; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the one bill of costs is...
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