Practice point: In moving to dismiss pursuant to CPLR 3211(a)(5), defendant must establish, prima facie, that the time in which to commence the action has passed.
Students should note that the time is computed from the accrual of the cause of action to the interposition of the claim, pursuant to CPLR 203[a].
Case: Minskoff Grant Realty & Mgt. Corp. v. 211 Mgr. Corp., NY Slip Op 02108 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Contracts.
