Jackson v. L.P. Transportation, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

This action to recover for personal injuries resulting from an automobile accident was commenced more than three years after the date of the accident. When defendant moved to dismiss the complaint for untimeliness (see, CPLR 214), plaintiff countered by arguing that her claim had not accrued until the injury prevented her from performing her "usual and customary activity” for 90 days within the first 180 days after the accident, as required by the no-fault statute (Insurance Law § 5102 [d]), and…