On a motion to dismiss on the ground that the statute of limitations has expired, the moving defendant must establish, prima facie, that the time within which to commence the action has expired. The burden then shifts to the plaintiff to raise a question of fact as to whether the limitations period has been tolled or is otherwise inapplicable, or whether the plaintiff actually commenced the action within the limitations period.
Edem v. Wondemagegehu, NY Slip Op 06065 (2d Dep't August 7, 2019)
Here is the decision.
