Schwartz v. Public Administrator of Bronx

Upon the foregoing papers this motion seeking an order dismissing the two affirmative defenses in this action is disposed of as follows: That branch of the motion to strike the affirmative defense stating that the Statute of Limitations bars this action as set forth in the complaint is hereby denied. CPLR 210 (subd. [b]) provides that “ period of eighteen months after the death, with or without the state, of a person against whom a cause of action exists is not a part of the time within which the action must be commenced ’ A plain reading of the statute indicates that the term of 18 months…