Appellate Division of the Supreme Court of the State of New York February 2, 2010 (Evan S. v. Joseph R.)

In an action, inter alia, to recover damages for personal injuries, the defendant appeals (1) from an order of the Supreme Court, Eutnam County (O’Rourke, J.), dated June 24, 2008, which held in abeyance his motion pursuant to CELR 3211 (a) (5) to dismiss the complaint as time-barred, and (2), as limited by his brief, from so much of an order of the same court dated September 10, 2008, as, upon