FERDICO v. PABONE

2014-02464, Index No. 17022/12.

125 A.D.3d 718 (2015)

MICHAEL FERDICO et al., Respondents, v. SYLVANA PABONE, Appellant.

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

Decided February 11, 2015.


Ordered that the order is affirmed insofar as 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 was barred by the applicable statute of limitations, the moving party must establish, prima facie, that the time in which to commence the action so as to interpose that cause of action has expired (see Baptiste v Harding-Marin, 88 A.D.3d 752

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