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CHRISTODOULOU v. CHRISTODOULOU

2010-06880.

89 A.D.3d 783 (2011)

932 N.Y.S.2d 700

2011 NY Slip Op 8109

ELENI K. CHRISTODOULOU, Respondent, v. KYRIACOS CHRISTODOULOU et al., Appellants.

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

Decided November 9, 2011.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendants' contention, the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred. On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving defendant must establish, prima facie, that the time in which to commence the action has expired. The burden then shifts to the plaintiff...

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