DURAN v. MENDEZ


277 A.D.2d 348 (2000)

716 N.Y.S.2d 595

FRANKLIN DURAN, Respondent, v. JOSE R. MENDEZ, Respondent, and JOSEPH GREENE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 20, 2000.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

On this motion to dismiss the complaint pursuant to CPLR 3211 (a) (5), the appellant met his initial burden of establishing prima facie that the time to commence an action against him had expired. In opposition, the plaintiff...

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