Opinion
February 4, 1985
Appeal from the Supreme Court, Rockland County (Marbach, J.).
Order affirmed, with costs.
Special Term correctly found unavailing plaintiff's attempts to couch his personal injury claim in terms of a breach of contract or breach of warranty against the defendant. The record clearly shows that the essence of this matter is the plaintiff's claim to recover damages for personal injuries incurred as a result of an allegedly defective condition of the defendant's gymnasium floor. Hence, this case is governed by the three-year Statute of Limitations period provided in CPLR 214 (5) ( Sears, Roebuck Co. v Enco Assoc., 43 N.Y.2d 389; Matter of Paver Wildfoerster [ Catholic High School Assn.], 38 N.Y.2d 669; Davis v St. Joseph's Children's Servs., 99 A.D.2d 960; Baratta v Kozlowski, 94 A.D.2d 454; Marie v European Health Spas, 79 A.D.2d 749). Inasmuch as this action was commenced more than five years after plaintiff's accident, it was properly dismissed. Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.