Hernandez v. Empire Mutual Insurance

Order, Supreme Court, New York County (Shorter, J.), entered on or about March 19, 1985, which denied defendants and third-party plaintiffs’ motion for summary judgment dismissing the complaint on the ground that the cause of action was barred by the Statute of Limitations and to dismiss the complaint for failure to state a cause of action, reversed, on the law, the motion for summary judgment is granted and the complaint is dismissed, without costs.

Plaintiff Lorenzo Hernandez fell off of a bar stool and broke his leg while a customer of the L & M Bar and Grill in Manhattan on March 8, 1975.…