Zhinin v. Vicari

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered August 1, 2007, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

In support of their motion to dismiss the plaintiffs complaint pursuant to CPLR 3211 (a) (5), the defendants demonstrated that the Westchester County Clerk…