Ellis v. Riley

The defendant Riley moves for summary judgment pursuant to CPLR 3212 dismissing the complaint herein upon the ground that the Statute of Limitations pleaded as affirmative defenses with respect to each of the causes of action .set forth in the complaint constitutes a complete bar to said causes of action. The plaintiff cross-moves pursuant to CPLR 3211 (subd. [b]) to dismiss the affirmative defenses of the Statute of Limitations on the ground that they lack merit.

The facts reveal that the decedent Susan M. Ellis was struck by a motor vehicle owned by the defendant Riley and operated with his…