Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the appellant's motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against it as time-barred is granted, and that branch of the motion which was pursuant to CPLR 3211 (a) (7) is denied as academic.
In April 2010, the plaintiff commenced an action in federal district court against, among others, the appellant, alleging, inter...
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