Legal Opinion
Yang v. Oceanside Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2011PublishedCited by 7 opinions
1Opinion of the Court
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving defendant must establish, prima facie, that the time in which to commence the action has expired. The burden then shifts to the plaintiff to raise an issue of fact as to whether the statute of limitations is tolled or is otherwise inapplicable (see Christodoulou v Christodoulou, 89 AD3d 783 [2011]; Rakusin v Miano, 84 AD3d 1051, 1052 [2011]).
Here, the defendants established, prima facie, that the complaint was filed more than one year and 90 days after the plaintiffs cause of action…
2Cases cited4 opinions
- Henry v. City of New YorkNew York Court of Appeals · 1999
- Rakusin v. MianoAppellate Division of the Supreme Court of the State of New York · 2011
- Babu v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Christodoulou v. ChristodoulouAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- Baron v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
- Bullfrog, LLC v. NolanAppellate Division of the Supreme Court of the State of New York · 2013
- Parpounas v. OhaganAppellate Division of the Supreme Court of the State of New York · 2023
- Wallace Wood Properties v. WoodDistrict Court, S.D. New York · 2015
- Baron v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
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