Order unanimously affirmed with costs.
Memorandum:
Plaintiff appeals from an order which granted defendants' motion to dismiss the complaint on the grounds that the first and second causes of action are barred by the Statute of Limitations and the third and fourth causes of action fail to state a cause of action. In opposing defendants' motion at Special Term, plaintiff argued that defendants' filing of a notice of appeal of a prior order, entered June 11...
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