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GUTTILLA v. PEPPINO'S FOOD, INC.

2013-03371, 2013-05365, 2013-05371, Index No. 5146/08.

125 A.D.3d 604 (2015)

EMILIO GUTTILLA, Appellant, v. PEPPINO'S FOOD, INC., et al., Respondents.

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

Decided February 4, 2015.

Ordered that on the Court's own motion, the plaintiff's notice of appeal from the order dated December 20, 2012, which, sua sponte, dismissed the action, is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order dated December 20, 2012, is reversed, on the law, the action is reinstated, and the matter is remitted to the Supreme Court, Orange County, for trial; and it is further...

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