Lamberti v. 30 Real Estate Corp.

Appeal from order, Supreme Court, Bronx County (Alan J. Saks, J.), entered April 2, 2003, which granted defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the first three causes of action in the complaint for failure to state a cause of action and to limit the fourth and fifth causes of action to acts encompassed within the applicable six-year statute of limitations, while granting so much of plaintiff’s cross motion for leave to file and serve an amended complaint, unanimously dismissed, without costs.

*212Where, as here, an amended complaint has been filed, issues involving the original…