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BONILLA v. TUTOR PERINI CORPORATION

2014-02661, Index No. 68553/12.

134 A.D.3d 869 (2015)

20 N.Y.S.3d 537

2015 NY Slip Op 09237

RAYMOND L. BONILLA, Respondent, v. TUTOR PERINI CORPORATION et al., Appellants.

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

Decided December 16, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, CPLR 205 (a) does not bar the instant action. After the dismissal of a previous action without prejudice, the plaintiff commenced the instant action within the applicable limitations period (see CPLR 214 [5]; see also Judiciary Law § 282). The six-month period in CPLR 205 (a) is not a limitations period but a tolling provision, which...

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