Horowitz v. McDuffie

Appeal from an order of the Supreme Court (Hughes, J.), entered December 28, 1992 in Albany County, which, inter alia, granted defendant’s motion for an extension of time to answer upon the condition that defendant not raise the Statute of Limitations as a defense.

On June 27, 1991 plaintiff allegedly sustained serious personal injuries when she was struck by a bus owned by Capital District Transit System Capital District Transportation District, Inc., a wholly owned subsidiary of Capital District Transportation Authority (hereinafter CDTA), and operated by defendant, an employee of CDTA.…