Order dated December 16, 1980 reversed, on the law, without costs or disbursements, the motion to dismiss is granted to the extent that the first cause of action is dismissed and, with respect to the second cause of action, the matter is remitted to Special Term for a hearing on the issue of whether the summons was served prior to the expiration of the six-year Statute of Limitations applicable to a cause of action for breach of warranty of habitability. Order dated February...
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