Ordered that the order is affirmed, with costs.
In December 2009, the plaintiff commenced this action against the defendant Roger Erra and his business, the defendant Erra's Scrap Metal, alleging defamation and intentional infliction of emotional distress arising out of a criminal proceeding, wherein Erra testified against the plaintiff. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint as time-barred and on the additional...
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