FELLER v. EARTH LEASING, LLC

159 CA 15-00767.

137 A.D.3d 1602 (2016)

28 N.Y.S.3d 160

2016 NY Slip Op 01952

ROGER D. FELLER et al., Appellants, v. EARTH LEASING, LLC, et al., Respondents, et al., Defendant.

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

Decided March 18, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action in August 2010 to recover damages for injuries sustained by Roger D. Feller (plaintiff) when a piece of rebar was propelled into the back of his head as he operated an excavator at a demolition site in July 2006. Defendants-respondents (defendants) moved to dismiss the action against them as time-barred, and plaintiffs contended...

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