Carter-Scott v Restore Hous.

[*1] Carter-Scott v Restore Hous. 2004 NY Slip Op 50680(U) Decided on June 23, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:ARONIN, J.P., GOLIA and RIOS, JJ.
NO. 2003-1274 K C

ESTHER CARTER-SCOTT, Appellant,

against

RESTORE HOUSING a/k/a PHIPPS HOUSING a/k/a C.D.R., Respondent.

Appeal by plaintiff from a judgment of the Civil Court, Kings County

(L. Baily-Schiffman, J.), entered on May 15, 2003, after trial, dismissing her causes
of action based on negligence and fraud.

Judgment unanimously affirmed without costs.

The cause of action seeking to recover for personal injuries based on defendant's negligence is barred by the statute of limitations since the action was commenced more than three years after plaintiff sustained her alleged injuries
(CPLR 214). In addition, plaintiff's claim of fraud in connection with service in a proceeding in Housing Court is barred under the doctrine of res judicata.
Accordingly, there is no basis to disturb the judgment of the court below.


Decision Date: June 23, 2004