Appellate Division of the Supreme Court of the State of New York May 7, 1981 (Perkins v. Katz)

— Order, Supreme Court, New York County, entered on May 1, 1980, which, inter alia, denied defendant’s motion to dismiss plaintiff’s first cause of action for failure to state a cause of action; denied defendant’s motion to dismiss the complaint as being time barred; and granted plaintiff’s cross motion to amend the complaint, is unanimously modified, on the law, to the extent of dismissing the