Opinion
January 17, 1995
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the order is affirmed, with costs to the respondents.
Contrary to the contention of the appellant Newborn Construction, Inc. (hereinafter Newborn), the Supreme Court properly denied its motion to dismiss the complaint and all cross claims insofar as they are asserted against it. This personal injury action clearly accrued upon the happening of the accident (see, CPLR 203 [a]; Kronos, Inc. v. AVX Corp., 81 N.Y.2d 90, 94; Jackson v. L.P. Transp., 134 A.D.2d 661, 662, affd 72 N.Y.2d 975; State Farm Mut. Auto. Ins. Co. v. Regional Tr. Serv., 79 A.D.2d 858, 859-860). Since the action was commenced against Newborn within three years from the date of the accident, the action, and the cross claims asserted against Newborn, are not time-barred (see, CPLR 215). Miller, J.P., Joy, Krausman and Goldstein, JJ., concur.