Honrado v. H.R. Electric Co.

OPINION OF THE COURT

John R. LaCava, J.

The dispositive issue herein is whether this negligence and *411Labor Law action is barred by the three-year statute of limitations (CPLR 214) or whether it survives by virtue of the tolling provisions and the six-month grace period found in CPLR 205 as would be measured from the termination of workers’ compensation proceedings. Resolution of this issue entails consideration of the novel question of whether an earlier commenced action, dismissed for failure to prosecute, is void ab initio because it was subject to the available affirmative defense of workers’…