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ETIENNE v. H. SCHRIER & CO., INC.

2007-08207.

2008 NY Slip Op 06138

FRICK ETIENNE, appellant, v. H. SCHRIER & CO., INC., respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Linda T. Ziatz, Massapequa Park, N.Y., for appellant.

Hardin, Kundla, McKeon & Poletto, New York, N.Y. (Stephen J. Donahue of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

It is undisputed that the plaintiff's cause of action alleging negligence accrued on January 8, 2003. Accordingly, pursuant to the three-year limitations period for negligence actions set forth in CPLR 214(5), the last date upon which the plaintiff could timely commence the action was January 8, 2006. However, the action was commenced by the filing of a summons and complaint on January...

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