On a motion to dismiss a complaint pursuant to CPLR 3211(a)(5) on the ground of the statute of limitations, the defendant must establish, prima facie, that the time in which to commence the action has expired. If the showing is made, the burden shifts to the plaintiff to raise a question of fact as to whether the statute of limitations is tolled or is otherwise inapplicable.
An action to foreclose a mortgage is governed by a six-year statute of limitations, pursuant to CPLR 213[4].
Comito v. Z & N Enters. Corp., NY Slip Op 04124 (2d Dep't August 7, 2024)
