Ordered that on the Court's own motion, the notice of appeal from so much of the order as denied the application of the defendant TD Bank, N.A., for summary judgment dismissing the complaint insofar as asserted against it 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 modified, on the law, by deleting the provision thereof denying...
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