Ordered that on the Court's own motion, the plaintiff's notice of appeal from so much of the order dated August 14, 2009, as, sua sponte, directed the dismissal of the complaint with prejudice and the cancellation of the notice of pendency, is deemed 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 dated March 31, 2009, is reversed, on the law, without...
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