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ROBERT A. STIDOLPH, res, v. 771620 EQUITIES CORP. ap

ROBERT A. STIDOLPH, res, v. 771620 EQUITIES CORP. ap — (INDEX NO. 11636/11)In an action, inter alia, for declaratory and injunctive relief, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated January 10, 2012, as denied those branches of their cross motion which were to dismiss the first, second, and third causes of action pursuant to CPLR 3211(a) (5) as time-barred and to dismiss the fifth cause of action pursuant to CPLR 3211(a)(1), and granted that branch of the plaintiff's motion which was for a preliminary injunction.

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ROBERT A. STIDOLPH, res, v. 771620 EQUITIES CORP. ap — (INDEX NO. 11636/11)In an action, inter alia, for declaratory and injunctive relief, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated January 10, 2012, as denied those branches of their cross motion which were to dismiss the first, second, and third causes of action pursuant to CPLR 3211(a) (5) as time-barred and to dismiss the fifth cause of action pursuant to CPLR 3211(a)(1), and granted that branch of the plaintiff’s motion which was for a preliminary injunction.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the defendants’ cross motion which were to dismiss the first, second, and third causes of action pursuant to CPLR 3211(a) (5) as time-barred, and substituting therefor a provision granting those branches of the cross motion, and (2) by deleting the provision thereof granting that branch of the plaintiff’s motion which was for a preliminary injunction, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants.

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