Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment dismissing the defendants' counterclaim as time-barred, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The defendants' counterclaim to recover damages for injury to property was first interposed in an answer...
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