Ordered that the order is modified, on the law, by (1) deleting the provision thereof which granted that branch of the defendant's cross motion which was to dismiss the first cause of action in the complaint, and substituting therefor a provision denying that branch of the cross motion, and dismissing the Statute of Limitations defense with respect to that cause of action, and (2) deleting the provision thereof which denied that branch of the plaintiff's motion which was...
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