All Children's Hospital, Inc. v. Citigroup Global Markets, Inc.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about August 25, 2016, which, insofar as appealed from as limited by the briefs, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The motion court was correct in utilizing New York’s borrowing statute, CPLR 202, and applying Florida’s shorter statute of limitations to plaintiff’s claims, despite the contractual choice-of-law provision pointing to New York law (see 2138747 Ontario, Inc. v Samsung C&T Corp., 144 AD3d 122, 126 [1st Dept 2016]).

Defendant sustained its…