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ALBERT GOETZ-HADDAD, Appellant, v. PATHMARK SUPERMARKETS et al., Respondents.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the action was not commenced until well after the running of the applicable statute of limitations ( see CPLR 215; Alvarez v. Prospect Hosp., 68 NY2d 320; Alharezi v. Sharma, 304 AD2d 414; Rutzinger v. Lewis, 302 AD2d 653, 654-655; Schetzen v. Robotsis, 273 AD2d 220, 221; Wertzberger v. City of New York, 254 AD2d 352; Friedman v. Gallinelli, 240 AD2d 699, 700). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the motion for summary judgment dismissing the complaint as barred by the one-year statute of limitations of CPLR 215 (3).

The plaintiff's remaining contentions either are unpreserved for appellate review or without merit.

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GOETZ-HADDAD v. PATHMARK SUPERMARKETS
(Dec 20, 2004)