Alvarez v. Wright

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated January 25, 2013, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the action as time-barred.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the action as time-barred is granted.

On June 28, 1999, the plaintiff bicyclist allegedly was injured when he was struck by the defendants’ vehicle. Accordingly, the three-year limitation period (see CPLR 214 [5])…