Ordered that the order dated April 9, 2018, is reversed, on the law, and the defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) is granted; and it is further,
Ordered that the appeal from the order dated January 3, 2019, is dismissed as academic in light of our determination on the appeal from the order dated April 9, 2018; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The plaintiff Gordon Tracey...
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