Fitzpatrick v. Slagowitz

In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Queens County (Di Tucci, J.), dated December 16, 1991, as denied that branch of their motion which was to dismiss the plaintiff’s second cause of action, and granted those branches of the plaintiff’s cross motion which were to strike the affirmative defenses of lack of personal jurisdiction and that the action was barred by the Statute of Limitations, and which were for leave to serve an amended summons with notice.

Ordered that the order is affirmed insofar as appealed…