BROWNLEE v. GUARINO


261 A.D.2d 832 (1999)

689 N.Y.S.2d 569

SHEILA BROWNLEE, Appellant, v. PHILLIP GUARINO, Doing Business as GUARINO'S EVERGREENS, Respondent.

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

Decided May 7, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint in this personal injury action as time-barred (see, CPLR 3211 [a] [5]). Plaintiff timely filed a complaint mistakenly naming as defendants parties who neither owned nor had any interest in the property where plaintiff was injured. Four months after expiration of the Statute of Limitations, plaintiff filed and served an amended...

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