Ordered that the appeal from the order dated June 29, 2006 is dismissed as academic; and it is further,
Ordered that the order dated October 23, 2006 is reversed insofar as appealed from, on the law, and that branch of the defendant's motion which was to dismiss the second cause of action in the amended complaint as time-barred is granted; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The plaintiff commenced a legal...
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