Ordered that the order is affirmed, with costs.
On April 4, 2004 the plaintiff allegedly sustained personal injuries when she fell through the floor of a barn owned by the defendant Jeff Braunius (hereinafter Jeff). In February 2007 the plaintiff commenced this action, naming Brian Braunius (hereinafter Brian), a nonexistent person, as the sole defendant. In mid-April 2007, after the statute of limitations had expired (see CPLR 214 [5]), the plaintiff filed...
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