Order reversed, without costs or disbursements, the defendant's motion is to be treated as a motion for summary judgment pursuant to CPLR 3211 (subd [c]), and the matter is remitted to Special Term for a hearing consistent herewith.
The date when the attorney-client relationship terminated, and hence, whether the action is time barred, cannot be established from the conflicting evidence in the record. Pursuant to CPLR 3211 (subd [c]) there should be an immediate trial...
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