KAREN B. ROTHENBERG, Judge.
Upon the foregoing papers, defendant Dormitory Authority for the State of New York (DASNY) moves for an order dismissing plaintiff's complaint against it pursuant to CPLR 3211 (a) (7) and granting it summary judgment pursuant to CPLR 3212. Plaintiff Nelson Air Device Corp. (plaintiff) cross-moves for leave to serve an amended complaint, pursuant to CPLR 3,325 (b), as against DASNY.
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