Censor v. Mead Reinsurance Co.

— Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered April 4, 1991, which, inter alia, granted plaintiffs motion to strike defendant’s tenth affirmative defense alleging that the action is barred by the statute of limitations, unanimously affirmed, without costs.

At issue on this appeal is whether plaintiff is barred from taking advantage of the six month tolling provisions of CPLR 205 (a) by virtue of having moved and successfully obtained a voluntary dismissal of a prior action in the Federal court pursuant to rule 41 (a) (2) of the Federal Rules of Civil…