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BOWES v. HEALY

40 A.D.3d 566 (2007)

833 N.Y.S.2d 400

CRAIG BOWES et al., Appellants, v. DORIS HEALY, Respondent.

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

Decided May 1, 2007.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendants' motion is denied.

The defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss, as time-barred, the plaintiffs' causes of action to recover damages for personal injuries was untimely because it was not made before service of her responsive pleading was required (see CPLR 3211 [e]; Diaz v DiGiulio, 29 A.D.3d 623 [2006...

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