Opinion
Submitted September 17, 1999
October 25, 1999
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (J. Leone, J.).
ORDERED that the order is affirmed, with costs.
The action commenced under Index No. 13049/96 was properly dismissed as time-barred (see, Nevling v. Chrysler Corp., 206 A.D.2d 221 ;Shepard v. St. Agnes Hosp., 86 A.D.2d 628 ). Further, the denial of the plaintiffs' cross motion was not an improvident exercise of discretion (see, Winfield v. Garenani, 246 A.D.2d 537 ).
JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.