The cause of action alleged in the second amended complaint although framed in contract is bottomed on negligence and the damages alleged are for personal injury. The applicable Statute of Limitations is therefore three years. Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, with costs.
Concur — Peck, P.J., Breitel, Cox, Frank and Bastow, JJ.