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MTGLQ INVS., LP v. WOZENCRAFT

850159/16, 9493, 9492.

172 A.D.3d 644 (2019)

102 N.Y.S.3d 25

2019 NY Slip Op 04287

MTGLQ Investors, LP, Appellant, v. Steven Wozencraft, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 30, 2019.

In moving to dismiss an action as barred by the statute of limitations (CPLR 3211 [a] [5]), the defendant bears the initial burden of demonstrating, prima facie, that the time within which to commence the cause of action has expired (Norddeutsche Landesbank Girozentrale v Tilton, 149 A.D.3d 152, 158 [1st Dept 2017]). The burden then shifts to the plaintiff to raise a question of...

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