The plaintiff commenced an action for personal injuries two years and two days after a motor vehicle accident, leading the defendants to plead that the action was statute-barred.
The Hertz defendants brought a motion for summary judgment on the limitation period issue.
The plaintiff's counsel did not file materials or appear at the motion.
The court proceeded with the motion, finding no genuine issue for trial, and granted summary judgment, dismissing the action as statute-barred.
Costs were awarded to the Hertz defendants.