Unanimously modified, on the law and the facts, and in the exercise of discretion, to direct a prior separate trial of the issue of timeliness of commencement of this action, before trial, if any, of the merits, and, as so modified, affirmed, without costs and without disbursements.
In this action under a construction contract with New York City Housing Authority, defendant had filed its "Certificate of Final Acceptance" on April 8, 1975. This action claiming damages...
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