Carmen Fountain v. Ocean View II Associates, L.P.

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated May 28, 1998, which denied its motion to dismiss the plaintiffs complaint pursuant to CPLR 3211 (a) (5).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs accident occurred on April 3, 1994, and by *340April 4, 1994, she had. already retained an attorney. The present action was, however, not commenced until April 1, 1997, two days before the expiration of the Statute of…