In re the Estate of Schwartz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to SCPA 2105, James Harris, the executor of the estate of Alan R. Schwartz, appeals from an order of the Surrogate’s Court, Nassau County (Riordan, J.), dated December 6, 2006, which denied his motion to dismiss the petition pursuant to CPLR 3211 (a) (5) as time-barred.
Ordered that the order is affirmed, with costs.
“To dismiss a cause of action pursuant to CPLR 3211 (a) (5) on the ground that it is barred by the [s]tatute of [Limitations, a defendant bears the initial burden of establishing prima facie that the time in which to sue has expired” (Savarese v Shatz, 273…
2Cases cited7 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Zev v. MermanNew York Court of Appeals · 1988
- Savasta v. 470 Newport AssociatesNew York Court of Appeals · 1993
- Swift v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2006
- Savarese v. ShatzAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Island ADC, Inc. v. Baldassano Architectural GroupAppellate Division of the Supreme Court of the State of New York · 2008
- Coombs v. JervierAppellate Division of the Supreme Court of the State of New York · 2010
- Reiner v. JaegerAppellate Division of the Supreme Court of the State of New York · 2008
- Kuo v. Wall Street Mortgage Bankers, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Philip F. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.