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LEWIS v. KMT GROUP, INC.

2017-00803, Index No. 60235/16.

173 A.D.3d 1153 (2019)

101 N.Y.S.3d 625

2019 NY Slip Op 05115

Jake Lewis, Appellant, v. KMT Group, Inc., Respondent.

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

Decided June 26, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant who moves pursuant to CPLR 3211(a)(5) to dismiss a complaint on the ground that it is barred by the statute of limitations bears the initial burden of proving, prima facie, that the time in which to sue has expired (see Murray v Charap, 150 A.D.3d 752 [2017]; Wei Wei v Westside Women's Med. Pavilion, P.C., 115 A.D...

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