Pyne v. 20 E. 35 Owners Corp.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered May 24, 1999, which, to the extent appealed from, denied defendants’ motion to dismiss the complaint as time barred, unanimously reversed, on the law, with costs and disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.

In 1993, plaintiff filed a summons and complaint in the United States District Court for the Southern District of New York asserting the same claims against the same defendants as are alleged in this action for injuries…