Ordered that the order is modified, on the law, by deleting the provision thereof denying, in effect, without prejudice to renew after the plaintiffs file and serve an amended complaint, that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the causes of action asserted by the plaintiffs Emma Byrd, Willie Byrd, and Phillip Byrd to recover damages for personal injuries as time-barred and substituting therefor a provision granting that branch...
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