Appellate Division of the Supreme Court of the State of New York June 16, 2009 (Sullivan v. Nimmagadda)

In an action to recover damages for wrongful death and conscious pain and suffering, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Woodard, J.), dated May 21, 2008, which, upon an order of the same court dated April 22, 2008, granting the defendant’s motion for summary judgment dismissing the complaint as time-barred, dismissed the complaint.