Fritsche v. Carnival Corp.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Fusco, J.), dated July 26, 2013, which denied its motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint is granted.

On or about July 26, 2005, the plaintiff Jane C. Fritsche (hereinafter the injured plaintiff) and her husband were passengers on a cruise ship owned by the defendant Carnival Corp., doing business as…