Christodoulou v. Christodoulou

Contrary to the defendants’ contention, the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred. 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 *784of fact as to whether the statute of limitations is tolled or is otherwise inapplicable (see Baptiste v Harding-Marin, 88 AD3d 752 [2d Dept 2011]; Rakusin v Miano, 84 AD3d…