NOE v. LYNCH

Index No. 158331/22, Appeal No. 1657, Case No. 2023-02358.

2024 NY Slip Op 00812

CHELSEA NOE, Plaintiff-Appellant, v. DAVID LYNCH, ET AL., Defendants-Respondents.

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

Decided February 15, 2024.


Attorney(s) appearing for the Case

Steven M. Melley, PLLC, Rhinebeck ( Steven M. Melley , of counsel) for appellant.

Aldous PLLC, New York ( Kenneth E. Aldous , of counsel) for David Lynch, respondent.

Rivkin Radler LLP, Uniondale ( Cheryl F. Korman , of counsel), for USA Hockey, Inc., New York State Amateur Hockey Association, Inc., Saugerties Hockey League, Christopher Rivers and William Winters, respondents.

Before: Manzanet-Daniels, J.P., Oing, Kapnick, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Lisa S. Headley, J.), entered April 3, 2023, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Defendants met their burden of showing that plaintiff's personal injury action is time-barred, as she failed to file it within three years of the alleged accident (CPLR 214-a; see Semenza v Lilly's Nails, 116 A.D.3d 409 [1st Dept 2014]).

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