Frunzi v. Sabol

Appellate Division of the Supreme Court of New York

Frunzi v. Sabol

265 A.D.2d 525, 696 N.Y.S.2d 876, 1999 N.Y. App. Div. LEXIS 10787

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1999·Published

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (J. Leone, J.), dated September 9, 1998, which granted the defendants’ motion to dismiss the action commenced under Index No. 13049/96 as time-barred and denied the plaintiffs’ cross motion for leave to enter a judgment against the defendants in the action commenced under Index No. 13216/94 upon their default in appearing or answering.

Ordered that the order is affirmed, with costs.

The action commenced under Index No. 13049/96 was properly dismissed as time-barred (see, Nevling v Chrysler Corp., 206 AD2d 221; Shepard v St. Agnes Hosp., 86 AD2d 628). Further, the denial of the plaintiffs’ cross motion was not an improvident exercise of discretion (see, Winfield v Garenani, 246 AD2d 537). Joy, J. P., Friedmann, Goldstein and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (J. Leone, J.), dated September 9, 1998, which granted the defendants’ motion to dismiss the action commenced under Index No. 13049/96 as time-barred and denied the plaintiffs’ cross motion for leave to enter a judgment against the defendants in the action commenced under Index No. 13216/94 upon their default in appearing or answering.

Ordered that the order is affirmed, with costs.

The action commenced under Index No. 13049/96 was properly dismissed as time-barred (see, Nevling v Chrysler Corp., 206 AD2d 221; Shepard v St. Agnes Hosp., 86 AD2d 628). Further, the denial of the plaintiffs’ cross motion was not an improvident exercise of discretion (see, Winfield v Garenani, 246 AD2d 537). Joy, J. P., Friedmann, Goldstein and McGinity, JJ., concur.

Frunzi v. Sabol, 265 A.D.2d 525, 696 N.Y.S.2d 876, 1999 N.Y. App. Div. LEXIS 10787 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 525 (Frunzi v. Sabol) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related