Judgment and order unanimously affirmed, with costs.
Memorandum:
Plaintiff appeals from a Special Term order dismissing his cause of action, brought under section 853 of the Real Property Actions and Proceedings Law, on the ground that said action is barred by the one-year Statute of Limitations (CPLR 215, subd. 3). Although plaintiff has attempted to express his cause of action in terms of a breach of contract, in fact and in law it is an action in tort for...
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