A party may move for judgment dismissing one or more causes of action asserted against it on the ground that the cause of action may not be maintained because of the statute of limitations, pursuant to CPLR 3211(a)(5). The moving defendant must establish, prima facie, that the time in which to commence the action has expired. If the defendant makes the requisite showing, the burden shifts to the plaintiff to raise a question of fact as to whether the statute of limitations was tolled or otherwise inapplicable, or whether the plaintiff actually commenced the action within the applicable limitations period.
Bank of N.Y. Mellon v. DeMatteis, NY Slip Op (2d Dep't October 18, 2023)
