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BAC HOME LOAN SERVICING, LP v. MORENO

11419N.

182 A.D.3d 497 (2020)

120 N.Y.S.3d 768

2020 NY Slip Op 02377

BAC Home Loan Servicing, LP, Formerly Known as Countrywide Home Loans Servicing LP, Appellant, v. Roland Moreno, Respondent, et al., Defendants.

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

Decided April 23, 2020.

To the extent that the order sua sponte dismissed the complaint, that portion of the order is not appealable as of right (see Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). However, given the nature of the motion court's sua sponte relief in dismissing the complaint, and in the interest of deciding appeals on the merits, we sua sponte deem the notice of appeal to be a motion for leave to appeal, and grant such leave (see Ray v...

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