Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, awarded summary judgment to the defendant declaring that the plaintiff did not have an implied easement over the defendant's real property and dismissing the causes of action seeking damages is deemed an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further...
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