Practice point: Parties to a contract may agree to a time-limit for commencing an action which is less than otherwise provided in CPLR 201.
Practitioners should note that in moving to dismiss a complaint as time-barred, pursuant to CPLR 3211(a)(5), there must be a showing that defendant engaged in conduct that induced plaintiff to postpone bringing suit.
Case: Dimmick v. New York Prop. Ins. Underwriting Assn., NY Slip Op 09745 (2d Dept. 2008)
The opinion is here.
Friday's issue: Promissory notes.
