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SCHWARTZ v. LEAF, SALZMAN, MANGANELLI, PFIEL & TENDLER, LLP

2013-06637

123 A.D.3d 901 (2014)

999 N.Y.S.2d 444

2014 NY Slip Op 08823

MADELEINE E. SCHWARTZ, Respondent-Appellant, et al., Plaintiff, v. LEAF, SALZMAN, MANGANELLI, PFIEL & TENDLER, LLP, et al., Appellants-Respondents.

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

Decided December 17, 2014.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is time-barred, a defendant bears the initial burden of establishing, prima facie, that the time in which to sue has expired (see Bill Kolb, Jr., Subaru, Inc. v LJ Rabinowitz, CPA, 117 A.D.3d 978 [2014]; Kennedy v H. Bruce...

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