Hemmings v. Gapihan

— In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (King, J), dated July 31, 2012, which granted the defendant’s motion, inter alla, pursuant to CPLR 3211 (a) (5) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint. The defendant established, prima facie, that the action was untimely in that it was not commenced within the one-year statute of limitations applicable to…