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CHRISTIANO v. HEATHERWOOD HOUSE AT HOLBROOK II, LLC

2018-14075. Index No. 45067/08.

185 A.D.3d 778 (2020)

125 N.Y.S.3d 299

2020 NY Slip Op 03891

Frank W. Christiano et al., Appellants, v. Heatherwood House at Holbrook II, LLC, et al., Respondents, et al., Defendants.

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

Decided July 15, 2020.

Ordered that on the Court's own motion, the appeal from so much of the order as, sua sponte, directed dismissal of the complaint is deemed to be 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 is reversed, on the law, with costs, and the plaintiffs' motion to restore the action to active status and to extend their time to serve and file a note of...

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