Tamburello v. Mooney

In this negligence action to recover for personal injuries sustained by plaintiff’s intestate during lifetime, plaintiff moves to dismiss the affirmative defense asserted in defendant’s answer that the intestate “ivas involved in an accident on March 29, 1963 and died on said date and the within action is barred by the Statute of Limitations as the action was not commenced until March 26, 1966, more than one (1) year after his death. ’ ’

The Civil Practice Law and Rules went into effect on September 1,1963 (10005) and, by virtue of 218 (subd. [b]) thereof, where a cause of action accrued…