Zimmerman v. Elsner

—Order, Supreme Court, New York County (Arnold Fraiman, J.), entered April 28, 1983, which denied the motion of defendant Mitchell H. Eisner to dismiss the complaint, unanimously reversed, on the law, and motion granted as to defendant Mitchell H. Eisner, with costs. H This personal injury *708action arises out of an automobile accident occurring in New York County on September 17, 1979, between a vehicle owned and operated by plaintiff and one operated by Mitchell Eisner (defendant), a Florida resident, and owned by Caren Eisner, a New York resident. Two years and 11 months after the accident,…