Morris v. Metropolitan Transportation Authority

—In an action to recover damages for wrongful death and personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Cannavo, J.), entered February 19, 1991, which granted the defendants’ motion to vacate a prior order of the same court, dated December 18, 1989, striking the *683affirmative defense of the Statute of Limitations, and is in favor of the defendants and against the plaintiffs dismissing the complaint as time-barred.

Ordered that the order and judgment is reversed, as a matter of discretion in the interest of justice, with…