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Schiavone v. 801 S. Fulton Ave

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


June 17, 2002

JOSEPH SCHIAVONE, ET AL., APPELLANTS,
v.
801 S. FULTON AVENUE CO., RESPONDENT.

Anita R. Florio, J.P., Nancy E. Smith, William D. Friedmann, Howard Miller, JJ.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

(*1)

Submitted - May 23, 2002

DECISION & ORDER

(Index No. 1444/01)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Murphy, J.), entered September 21, 2001, which granted the defendant's motion to dismiss the action as time-barred.

(*2) ORDERED that the order is affirmed with costs.

The Supreme Court properly dismissed the action commenced May 8, 2001, as time-barred. The plaintiffs were not entitled to invoke the six-month extension contained in CPLR 205(a) (see Markoff v. South Nassau Community Hosp., 61 NY2d 283; County of Rockland v. Coakley, 235 AD2d 782; Matter of Winston v. Freshwater Wetlands Appeals Bd., 224 AD2d 160).

FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.

20020617


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