Montes v. City of New York

In an action to recover damages for personal injuries, the defendant Julia E. Cortez appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), dated September 30, 2014, as denied as untimely her motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her based on the doctrine of collateral estoppel.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendants to recover damages for personal injuries she allegedly sustained when she slipped and…