OPINION OF THE COURT
MEMORANDUM.
Ordered that the order entered January 28, 2013, insofar as appealed from, is reversed, without costs, upon reargument, plaintiff's motion to set aside the sua sponte determination dated March 6, 2012 dismissing the complaint without prejudice is granted, and the matter is remitted to the Civil Court for a new trial. In 2011, plaintiff commenced this action against defendant, his former tenant, to recover the sum of $17,300...
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