It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendants' motion to dismiss the complaint as time-barred. Contrary to plaintiff's contention, defendants are not estopped from asserting the statute of limitations as a defense where, as here, there is no proof that plaintiff "was induced by fraud, misrepresentations or deception to refrain from filing...
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