While the motion court, for the reasons stated, properly dismissed the amended complaint for failure to state a cause of action, defendant's motion to dismiss could have been granted upon the alternative ground that the complaint was time barred. CPLR 208, the tolling provision that would govern under the circumstances alleged, only permits the applicable limitations period to be tolled for up to 10 years from the date of accrual. Accordingly, since plaintiff's claims accrued...
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.
