NC Venture I, L.P. v. Complete Analysis, Inc.

In an action to recover on a promissory note, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 25, 2004, as, sua sponte, dismissed the summons with notice.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, dismissed the summons, is treated as an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed…