Appeal from so much of the order as denied that branch of the motion which was to strike scandalous and prejudicial matter dismissed as no appeal lies therefrom as a matter of right.
Order otherwise modified by adding a provision granting that branch of the defendant's motion which sought to dismiss the third cause of action as time barred to the extent that paragraph 12A of the complaint is dismissed. As so modified, order affirmed, insofar as reviewed.
The...
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