Bishop v. Uno Pizza

OPINION OF THE COURT

Edward H. Lehner, J.

The issue on this motion by defendant to dismiss on Statute of Limitations grounds is whether plaintiff is entitled to the six-month extension provided in CPLR 205 (a) when a prior *143federal action, in which plaintiff never effected service, was dismissed solely because of lack of diversity.

This action arises out of a claim for injuries suffered by plaintiff in a slip and fall accident which allegedly occurred on October 8, 1996 at the South Street Seaport. Seven days prior to the expiration of the three-year limitations period, plaintiff filed a summons…