Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred, and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying that branch of the plaintiff's cross motion which was for additional discovery, and substituting therefor a provision granting that branch of the cross motion; as so modified, the...
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