Foley v. Fitzpatrick Container Co.

—Carpinello, J.

Appeal from an order of the Supreme Court (Lynch, J.), entered October 5, 1998 in Schenectady County, which denied defendant’s motion to dismiss the complaint as time barred.

On May 1, 1996, plaintiffs commenced a negligence action against defendant for injuries allegedly sustained by plaintiff Robert Foley, Sr. on May 3, 1993. In March 1997, defendant moved to dismiss the complaint on the ground that plaintiffs failed to acquire personal jurisdiction. By decision dated December 31, 1997 and entered January 14, 1998, Supreme Court granted defendant’s motion. Within 120 days…