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DelGROSSO v. CARROLL

2018-04599. Index No. 715460/16.

185 A.D.3d 901 (2020)

128 N.Y.S.3d 269

2020 NY Slip Op 04148

Francine DelGrosso, Appellant, v. Daniel Carroll, Jr., Defendant, and Donald DelGrosso et al., Respondents.

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

Decided July 22, 2020.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed dismissal of the complaint insofar as asserted against the defendant Daniel Carroll, Jr., 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, on the facts,

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