Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the defendant's contention, the Supreme Court did not err in denying that branch of his cross motion which was to dismiss the complaint as time-barred (see Tebo v Robinson, 100 N.Y. 27, 29 [1885]; Rutigliano v Board of Educ. of City of N.Y.,
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