Presently before the Court is defendants' pre-answer motion to dismiss on the grounds that the action is barred by the statute of limitations (see CPLR 3211 ).ĭefendants contend that the statute of limitations in this action - which would have expired on Augwas suspended until Novemunder a series of executive orders issued by former Governor Andrew Cuomo as a result of the COVID-19 pandemic,Īnd that the action must be dismissed because it was not commenced until February 3, 2021. On August 13, 2017, defendant's employee allegedly ejected a patron from the nightclub "in such a manner that he was caused to strike the plaintiff thereby causing the plaintiff to sustain personal injuries." Plaintiff thereafter commenced this action on Februto recover for these injuries. Ury, of counsel), for defendants.ĭefendant King Neptunes NY, LLC (hereinafter defendant) owns and operates a nightclub located at 1 Kurosaka Lane in the Village of Lake George, Warren County. O'Connell and Aronowitz, Albany (Pamela A. 2" the names of the last two, defendants being fictitious and unknown to Plaintiff, it being intended to designate employees, agents and/or servants of KING NEPTUNES NY, LLC and/or KING NEPTUNES NY, LLC d/b/a KING NEPTUNE'S, Defendants. King Neptunes NY, LLC, KING NEPTUNES NY, LLC d/b/a KING NEPTUNE'S and "JOHN DOE No. This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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