ORIN R. KITZES, Judge.
Upon the foregoing papers it is ordered that this motion by defendant NAB Construction Corporation for an order granting summary judgment dismissing the complaint on the grounds of statute of limitations, pursuant to CPLR 3212; and cross-motion by plaintiff for an order, pursuant to CPLR 3212 and Rule 2215, granting summary judgment in plaintiff on its third cause of action in the amount of $329,370.20 are decided as follows:
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