Mooney v. Fortuin

The purpose of this trial is to determine whether the second cause of action alleged in the complaint, in behalf of plaintiff, Adele Mooney, mother of the infant plaintiff, in which she seeks to recover for loss of services and medical expenses, is barred by the Statute of Limitations (CPLR 214 [subd. 5]).

Defendants moved for summary judgment dismissing said cause of action, which motion was granted to the extent of ordering a trial, pursuant to CPLR 3211 (subd. [c]), of the above-stated issue.

Defendants were served with the summons and complaint herein, in New York County, on September 24,…