Ordered that the appeal from the order dated June 24, 2008, is dismissed; and it is further,
Ordered that the order dated September 10, 2008, is reversed insofar as appealed from, on the law, and, upon reargument and renewal, the defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred is granted; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The June 24, 2008, order appealed from did...
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