Legal Opinion
Island ADC, Inc. v. Baldassano Architectural Group
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 30 opinions
1Opinion of the Court
The plaintiff commenced this action, inter alia, to recover damages for breach of contract. Frior to answering, the defendants moved, inter alia, pursuant to CFLR 3211 (a) (5) to dismiss the complaint as time-barred. The Supreme Court granted that branch of the motion, and we now reverse.
*816On a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (5) on the ground that it is barred by the statute of limitations, a defendant bears the initial burden of establishing, prima facie, that the time in which to sue has expired (see Sabadie v Burke, 47 AD3d 913 [2008]; Matter of Schwartz, 44…
2Cases cited5 opinions
- Phillips Construction Co. v. City of New YorkNew York Court of Appeals · 1984
- Sabadie v. BurkeAppellate Division of the Supreme Court of the State of New York · 2008
- Petracca v. PetraccaAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Estate of SchwartzAppellate Division of the Supreme Court of the State of New York · 2007
- Stern v. Stern Metals, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by30 opinions
- Benn v. BennAppellate Division of the Supreme Court of the State of New York · 2011
- Micro-Link, LLC v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
- Collins-Genova v. LourosAppellate Division of the Supreme Court of the State of New York · 2022
- Lake v. New York Hosp. Med. Ctr. of QueensAppellate Division of the Supreme Court of the State of New York · 2014
- Loscalzo v. 507-509 President Street Tenants Ass'n Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2017
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