Ordered that the appeal from so much of the order as, in effect, sua sponte, directed dismissal of the first counterclaim of the defendant 519 Myrtle Avenue, LLC, is deemed to be a motion 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 affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
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