Krichmar v. Scher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order. *1165are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
To dismiss an action pursuant to CPLR 3211 (a) (5) as barred by the applicable statute of limitations, a defendant must satisfy the threshold burden of demonstrating, prima facie, that the time within which to sue has expired, and once that…
2Cases cited8 opinions
- In re AhoNew York Court of Appeals · 1976
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Savarese v. ShatzAppellate Division of the Supreme Court of the State of New York · 2000
- Zorn v. GilbertNew York Court of Appeals · 2007
- Hebrew Institute for Deaf & Exceptional Children v. KahanaAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by8 opinions
- Williams v. New York City Health and Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Farage v. EhrenbergAppellate Division of the Supreme Court of the State of New York · 2014
- Pace v. Raisman & Associates Esqs., LLPAppellate Division of the Supreme Court of the State of New York · 2012
- East Hampton Union Free School District v. Sandpebble Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Singh v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.