Flowers v. 73rd Townhouse LLC

The documentary evidence submitted on the motion — namely, checks from the Law Offices of Milton S. Rinzler to certain defendants — failed to show conclusively that plaintiff’s claims were time-barred. The affidavits submitted by defendants were not “documentary evidence” within the meaning of CPLR 3211 (a) (1) (see e.g. Granada Condominium III Assn. v Palomino, 78 AD3d 996, 997 [2d Dept 2010]; Fontanetta v John Doe 1, 73 AD3d 78, 85-86 [2d Dept 2010]), and without the affidavits, it cannot be concluded that defendant 73rd Townhouse LLC made distributions that were protected by the statute of…