Schwartz v. Public Administrator

Judgment appealed from unanimously reversed, on the law, the complaint reinstated, plaintiffs-appellants’ motion to dismiss the affirmative defense of the Statute of Limitations is granted and the defense stricken, with $50 costs and disbursements to appellants. The accident upon which this suit is predicated occurred August 27, 1961. The defendant died December 6, 1962 and the present action to recover damages for personal injuries was commenced May 21, 1965. Special Term held the action was not timely commenced by reason of the provisions of CPLR 210 (subd. [b]). This was error. CPLR 210…