Legal Opinion
Edwards v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1993PublishedCited by 9 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law, motion denied and petition reinstated. Memorandum: Supreme Court erred in granting respondents’ motion to dismiss the petition on the ground that it is barred by the applicable four-month Statute of Limitations (see, CPLR 217, 3211 [a] [5]). Respondents bore the burden of *1045establishing "the affirmative defense by prima facie proof that the Statute of Limitations had elapsed” (Hoosac Val. Farmers Exch. v AG Assets, 168 AD2d 822, 823; see also, Siegel v Wank, 183 AD2d 158, 159; Doyon v Bascom, 38 AD2d 645). Moreover, the Statute of Limitations did not…
2Cases cited5 opinions
- Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
- Siegel v. WankAppellate Division of the Supreme Court of the State of New York · 1992
- Doyon v. BascomAppellate Division of the Supreme Court of the State of New York · 1971
- Hoosac Valley Farmers Exchange, Inc. v. AG Assets, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Bogle v. MannAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by9 opinions
- Heck v. KeaneAppellate Division of the Supreme Court of the State of New York · 2004
- Micro-Link, LLC v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
- Jackson v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Chrysler v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Ziemba v. City of TroyAppellate Division of the Supreme Court of the State of New York · 2002
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