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ROBERTSON v. MOTOROLA COMMUNICATIONS AND ELECTRONICS INCORPORATED

299 A.D.2d 534 (2002)

750 N.Y.S.2d 507

KATHLEEN J. ROBERTSON, Appellant, v. MOTOROLA COMMUNICATIONS AND ELECTRONICS INCORPORATED et al., Respondents, et al., Defendants.

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

Decided November 25, 2002.

Ordered that the order is affirmed, with one bill of costs.

On these motions, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (5), the respondents met their initial burden of establishing prima facie that the time to commence an action against them had expired (see Savarese v Shatz, 273 A.D.2d 219). In opposition, the plaintiff failed to "`aver evidentiary facts' establishing that the case falls within an exception...

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