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U.S. BANK, N.A. v. HEIRS & DISTRIBUTEES OF THE ESTATE OF MORRIS KAPLAN

2018-07672. Index No. 709110/17.

197 A.D.3d 593 (2021)

148 N.Y.S.3d 914

2021 NY Slip Op 04680

U.S. Bank, National Association, Appellant, v. Heirs and Distributees of the Estate of Morris Kaplan et al., Defendants, and Neil Zachary Kaplan, Respondent.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, LLP, New York, NY ( Mitra P. Singh of counsel), for appellant.

Wenig Salitiel LLP, Brooklyn, NY ( Meryl L. Wenig and Marvin Ben-Aron of counsel), for respondent. KLinda Christopher, JJ.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Neil Zachary Kaplan pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him is denied.

On a motion to dismiss a complaint pursuant to CPLR 3211(a)(5) on the ground that the statute of limitations has expired, the moving defendant must establish, prima facie, that the time in which to commence the action has expired (see Ross v Jamaica Hosp. Med...

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