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WILLIAMS v. WHITE

40 A.D.3d 110 (2007)

832 N.Y.S.2d 713

THOMAS J. WILLIAMS, Appellant, v. KEVIN M. WHITE, Defendant, and GENERAL MOTORS ACCEPTANCE CORPORATION et al., Respondents.

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

March 16, 2007.

Attorney(s) appearing for the Case

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (J. Mark Gruber of counsel), for appellant.

Bivona & Cohen, P.C., New York City (Bruce S. Cantin of counsel), for respondents.

SCUDDER, P.J., GORSKI, GREEN and PINE, JJ., concur.

OPINION OF THE COURT

CENTRA, J.

The issue before us on this appeal is whether plaintiff's action against General Motors Acceptance Corporation and VAULT (defendants) was commenced prior to the effective date of 49 USC § 30106. We conclude that it was, and we thus conclude that Supreme Court erred in granting the motion of defendants seeking dismissal of the amended complaint against them as barred by that statute.

Plaintiff was injured in November...

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