Legal Opinion
Torah v. Dell Equity, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 22 opinions
1Opinion of the Court
“On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving defendant must establish, prima facie, that the time in which to commence the action has expired. The burden then shifts to the plaintiff to raise an issue of fact as to whether the statute of limitations is tolled or is otherwise inapplicable” (Rakusin v Miano, 84 AD3d 1051, 1052 [2011]; see Swift v New York Med. Coll., 25 AD3d 686, 687 [2006]). Here, although the Supreme Court properly concluded that this action was one to foreclose on a mortgage pursuant to RPAPL article 13,…
2Cases cited5 opinions
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Swift v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2006
- Rakusin v. MianoAppellate Division of the Supreme Court of the State of New York · 2011
- Suchmacher v. Manana GroceryAppellate Division of the Supreme Court of the State of New York · 2010
- Jackson v. Tide Way Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by22 opinions
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
- Flushing Savings Bank v. SiunykalimiAppellate Division of the Supreme Court of the State of New York · 2012
- Lipton v. LiptonAppellate Division of the Supreme Court of the State of New York · 2012
- Sobel v. AnsanelliAppellate Division of the Supreme Court of the State of New York · 2012
- Iarocci v. IarocciAppellate Division of the Supreme Court of the State of New York · 2012
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