Opinion
CA 02-02004
February 7, 2003.
Appeal from an order of Supreme Court, Monroe County (Cornelius, J.), entered March 5, 2002, which, inter alia, denied the cross motion of defendant Deputy Monroe County Sheriff Bridget O'Hara for summary judgment dismissing the complaint.
CHARLES S. TURNER, COUNTY ATTORNEY, ROCHESTER (HOWARD A. STARK OF COUNSEL), FOR Defendant-appellant.
FARACI LANGE, LLP, ROCHESTER (JOHN A. FALK OF COUNSEL), For Plaintiff-respondent.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly determined that a three-year statute of limitations is applicable to this personal injury action arising out of an automobile accident involving plaintiff's vehicle and a vehicle that was being pursued by Deputy Monroe County Sheriff Bridget O'Hara (defendant) (see Eidman v. County of Monroe, 177 A.D.2d 996; Brady v. Woodworth, 117 A.D.2d 995; Dixon v. Seymour, 62 A.D.2d 444, 449-450). Contrary to defendant's contention, the holding in Saarinen v. Kerr ( 84 N.Y.2d 494, 497) has no bearing on the applicable statute of limitations (cf. Adams v. County of Rensselaer, 66 N.Y.2d 725, 726-727).