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LEWIS v. WORZMAN

22 A.D.3d 413 (2005)

802 N.Y.S.2d 658

MICHAEL LEWIS, Appellant, v. PETER WORZMAN, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 25, 2005.

The action was properly dismissed upon the ground that the three-year statute of limitations (CPLR 214 [5]) governing plaintiff's claim for negligent impairment of the right to sue based on his employer's destruction of the ladder from which he fell (see Curran v. Auto Lab Serv. Ctr., 280 A.D.2d 636, 637 [2001]) began to run in 1991, when plaintiff learned that his employer had destroyed the ladder, not in 2002, when plaintiff's...

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