Opinion
February 22, 1999
Appeal from the order of the Supreme Court, Kings County (Clemente, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, that branch of the cross motion which was to dismiss the affirmative defense of the Statute of Limitations is denied, and the complaint is dismissed.
The plaintiff's cause of action accrued on October 22, 1993, when he allegedly was injured as the result of a motor vehicle accident ( see, Ackerman v. Price Waterhouse, 84 N.Y.2d 535). Contrary to the plaintiff's contention, the applicable Statute of Limitations expired three years later on the anniversary date of the accident, October 22, 1996 ( see, CPLR 214 N.Y.C.P.L.R. [5]; Evans v. Hawker-Siddeley Aviation, 482 F. Supp. 547; Furey v. Milgrom, 44 A.D.2d 91; Siegel, N Y Prac § 34, at 39 [2d ed]). Since this action was commenced by filing on October 23, 1996, it was time-barred and must be dismissed.
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.