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TSAFATINOS v. WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP

2009-07230.

75 A.D.3d 546 (2010)

903 N.Y.S.2d 907

MATINA TSAFATINOS et al., Appellants, v. WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, et al., Respondents.

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

Decided July 13, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) as time-barred. "To dismiss a cause of action pursuant to CPLR 3211 (a) (5) on the ground that it is barred by the Statute of Limitations, a defendant bears the initial burden of establishing prima facie that the time in which to sue has expired" (Savarese v Shatz, 

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