Practice point: In moving to dismiss a cause of action pursuant to CPLR 3211(a)(5) as
barred by the applicable statute of limitations, a defendant bears the
initial burden of demonstrating, prima facie, that the time within which
to commence the action has expired. The burden then shifts to the plaintiff to raise an issue of fact as to
whether the statute of limitations was tolled or was otherwise
inapplicable, or whether it actually commenced the action within the
applicable limitations period.
Student note: To make a prima facie showing, the defendant must establish, among other things, when the plaintiff's cause of action accrued.
Case: Matteawan on Main, Inc. v. City of Beacon, NY Slip Op 05680 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Checks paid on forged signatures.
