Bort v. Sears

This is a motion for judgment dismissing the plaintiffs’ complaint pursuant to CPLR 3211 (subd. [a], par. 5) upon the grounds that the action is barred by the Statute of Limitations. In addition to the oral argument, both plaintiffs and defendants submitted memoranda of law.

Defendants contend that the injuries to one of the plaintiffs complained of were alleged to have happened on July 24, 1965 and that a summons and complaint were served on the defendants on December 5, 1968, some three years and five months later. Defendants further contend that CPLR 214 (subd. 5) provides that an action to…