Appellate Division of the Supreme Court of the State of New York May 10, 2001 (Eastman Kodak Co. v. Prometheus Funding Corp.)

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered September 5, 2000, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered August 28, 2000, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211 as time-barred, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.