Edith Bolte Kutz Trust v. Atlantic Coast Construction, LLC

In an action to recover on a mortgage note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), dated February 8, 2006, which denied the motion and, sua sponte, dismissed the action.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, dismissed the action, is treated as 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…