Ali v. Moss

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated December 19, 2005, which denied their motion pursuant to CPLR 3211 to dismiss the complaint, inter alia, as time-barred, and granted the plaintiffs’ cross motion, among other things, to deem the complaint timely filed.

Ordered that the order is reversed, on the law, with costs, the motion to dismiss the complaint is granted, and the cross motion is denied.

The plaintiffs admittedly failed to commence this action by filing a summons with notice…