Liebowitz v. B. Berglass, Inc.

OPINION OF THE COURT

Louis Grossman, J.

Motion by defendant for an order pursuant to CPLR 3212 for summary judgment dismissing the complaint on the grounds that it is time-barred is granted.

*933Plaintiff, born on May 25, 1955, was injured in the course of her employment on April 23, 1973. The within action was commenced on October 5, 1977. Plaintiff argues that it has until May 25, 1979 to commence the within action pursuant to CPLR 208. Effective September 1, 1974, CPLR 208 and 105 (subd [i]) were amended and the definition of infancy was changed from a person who has not attained the age of 21…