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BENITEZ-RIVERA v. NEW YORK BOTANICAL GARDEN, INC.

11276, 21562/16E, 24288/15E.

181 A.D.3d 501 (2020)

117 N.Y.S.3d 841

2020 NY Slip Op 01722

Jose Benitez-Rivera, Respondent, v. The New York Botanical Garden, Inc., et al., Defendants, and LCR-Webster Ave, LLC, Appellant.

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

Decided March 12, 2020.

Defendant LCR-Webster established prima facie that no action was commenced against it before the applicable three-year statute of limitations had expired on March 6, 2016 (CPLR 214[5]; see MTGLQ Invs., LP v Wozencraft, 172 A.D.3d 644 [1st Dept 2019], lv dismissed 34 N.Y.3d 1010 [2019]). In or about October 2015, plaintiff named LCR-Webster as a defendant in an amended summons and complaint, but he did not file the...

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