Order, Supreme Court, New York County (Lucy Billings, J.), entered September 27, 2022, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) based upon the expiration of the statute of limitations, unanimously affirmed, with costs.
As an initial matter, plaintiff argued that the court should not have granted the motion because defendant did not annex the pleadings to its initial motion papers. However, CPLR 2001 gives the court discretion...
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