Ordered that the order is reversed, on the law, with costs, the appellant's motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred is granted, and the plaintiff's cross motion pursuant to CPLR 3211 (b) to dismiss the appellant's affirmative defense based on the statute of limitations is denied.
The complaint must be dismissed as time-barred pursuant to the applicable statute of limitations of one year and 30 days (see Public Authorities...
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