Cavanaugh v. Watanabe

OPINION OF THE COURT

Joan B. Lefkowitz, J.

*1044Defendant moves to dismiss the complaint as time-barred and the motion raises interesting issues revolving around the crime victim limitations statute (CPLR 213-b).

Plaintiff was assaulted by defendant on June 10, 1998. Defendant was charged with assault in the third degree, a class A misdemeanor. (Penal Law § 120.00.) On November 4, 1999, defendant pleaded guilty to the crime of attempted assault. This action for damages for the intentional torts of battery and intentional infliction of emotional distress was commenced on June 10, 2005. Defendant moves…