Legal Opinion
Franqui v. Korol
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2017No. 2016-05916PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for dental malpractice and lack of informed consent, the defendants appeal from an order of the Supreme Court, Kings County (Jacobson, J.), dated May 17, 2016, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred without prejudice to renewal upon the completion of discovery.
Ordered that the order is affirmed, with costs.
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…
2Cases cited6 opinions
- Williams v. New York City Health and Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Texeria v. BAB Nuclear Radiology, P.C.Appellate Division of the Supreme Court of the State of New York · 2007
- Ford v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2014
- Murray v. CharapAppellate Division of the Supreme Court of the State of New York · 2017
- Martino v. PanosAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by2 opinions
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- Angel v. StrulovichAppellate Division of the Supreme Court of the State of New York · 2025