The IAS Court properly denied defendants' motion to dismiss on Statute of Limitations grounds, as defendants did not show that, on the facts as alleged or as conceded by plaintiff, the action was time-barred. However, the timeliness of the action clearly depends on factual issues relating to the time at which the cause of action accrued. Because defendants had neither notice that the court would treat the motion as one for summary judgment pursuant to CPLR 3211 (c) nor an...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
