Practice point: On a motion to dismiss a complaint pursuant to CPLR 3211(a)(1), dismissal is warranted only if the documentary evidence submitted
conclusively establishes a defense to the asserted claims as a matter of
law. Here, defendant submitted documentary evidence in
the form of the employment application, which demonstrated that the
plaintiff contractually agreed to commence any lawsuit no more than six months after the date of the employment action
that was the subject of the claim. Since the plaintiff commenced this action more than six months after the date his employment was terminated,that claim was dismissed.
Student note: The parties to a
contract may agree to limit the period of time within which an action
must be commenced to a period shorter than that provided by the
applicable statute of limitations. Absent proof that the contract is one of
adhesion or the product of overreaching, or that the altered period is
unreasonably short, the abbreviated period of limitation will be
enforced.
Case: Hunt v. Raymour & Flanigan, NY Slip Op 02715 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Transit employees and onlooker liability.
