DAVIS v. SABELLA


48 A.D.3d 932 (2008)

851 N.Y.S.2d 704

RUTH DAVIS, Appellant, v. ANDREW SABELLA, Individually and Doing Business as ANTHONY'S RESTAURANT AND BISTRO, Respondent.

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

Decided February 21, 2008.


Kavanagh, J.

Plaintiff commenced this action to recover for injuries allegedly sustained as a result of a fall on a staircase at defendant's restaurant. On defendant's motion, Supreme Court granted summary judgment in favor of defendant dismissing the complaint as time-barred. This appeal ensued.

Plaintiff does not dispute that her fall occurred on September 23, 2001 or that the three-year statute of limitations (see CPLR 214 [5]) expired before she...

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