Davis v. Sabella

Appeal from an order of the Court (Dawson, J.), entered March 5, 2007 in Clinton County, which summary the complaint.

Plaintiff commenced this action to recover for injuries allegedly sustained as a result of a fall on a staircase at defendant’s restaurant. On defendant’s motion, Supreme Court granted summary judgment in favor of defendant dismissing the complaint as time-barred. This appeal ensued.

Plaintiff does not dispute that her fall occurred on September 23, 2001 or that the three-year statute of limitations (see CPLR 214 [5]) expired before she commenced this action. Plaintiff, however,…