OPINION OF THE COURT
MEMORANDUM.
Ordered that the order, insofar as appealed from, is reversed, without costs, the branch of defendant's motion seeking to dismiss the complaint pursuant to CPLR 3211 (a) (5) is denied, and the matter is remitted to the Civil Court for a determination of the undecided remaining branches of defendant's motion seeking summary judgment dismissing the complaint or, in the alternative, to dismiss the complaint pursuant to CPLR...
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