Nowacki v. Becker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered October 21, 2008 in a personal injury action. The order granted the motion of defendant to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this personal injury ac*1497tion and, several months after answering the complaint, defendant moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action was time-barred. We agree with plaintiff that defendant’s motion was untimely because it was not…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Zumpano v. QuinnNew York Court of Appeals · 2006
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Bennett v. HuckeAppellate Division of the Supreme Court of the State of New York · 2009
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