6 New York opinions name it 2 courts 1981–2022 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Connell v. Haydengreen2 sentences2022Connell v Hayden , 83 AD2d 30, 39 [once a defendant established, prima facie, that an action was untimely, "a plaintiff relying upon an exception thereto has the burden of proving that he [or she] comes within the exception"]; Doyon v Bascom , 38 AD2d 645 ["While the burden of proving the affirmative defense of the Statute of Limitations rests on the party invoking it, a defendant asserting the statute need not negate any exceptions contained therein, the burden resting upon plaintiffs to aver facts showing the case at hand falls within such exceptions"]; Beattys v Straiton , 142 App Div 369, 2020"However, a plaintiff relying upon an exception thereto has the burden of proving that [it] comes within the exception" ( id. at 39 ). "[T]he Statute of Limitations is generally viewed as a personal defense" ( John J. | 1 | 3 |
Beattys v. Straitongreen2 sentences2022Connell v Hayden , 83 AD2d 30, 39 [once a defendant established, prima facie, that an action was untimely, "a plaintiff relying upon an exception thereto has the burden of proving that he [or she] comes within the exception"]; Doyon v Bascom , 38 AD2d 645 ["While the burden of proving the affirmative defense of the Statute of Limitations rests on the party invoking it, a defendant asserting the statute need not negate any exceptions contained therein, the burden resting upon plaintiffs to aver facts showing the case at hand falls within such exceptions"]; Beattys v Straiton , 142 App Div 369, 1981However, a plaintiff relying upon an exception thereto has the burden of proving that he comes within the exception (Beattys v Straiton, 142 App Div 369, 375 ; Murphy v Walsh, 113 App Div 428 ). | 1 | 2 |
Groninger v. Village of Mamaroneckgreen1 sentence2022The Court of Appeals has indicated that the same principle applies in the prior written notice context: "Where the City establishes that it lacked prior written notice under [Administrative Code § 7-201(c)(2)], the burden shifts to the plaintiff to demonstrate the applicability of one of two recognized exceptions to [that defense]" ( Yarborough v City of New York , 10 NY3d at 728 ; see Groninger v Village of Mamaroneck , 17 NY3d 125 ). | 1 | 1 |
Lau v. Kygreen1 sentence2014Co., 7 NY3d at 209 ; Bunting v Haynes, 104 AD3d at 715 ; Lau v Ky, 63 AD3d 801, 801 [2009]). | 1 | 1 |
Terry Clark v. Robert J. Tansy, Warden Attorney General for the State of New Mexicogreen1 sentence2007Co., 207 F2d 334, 336 [7th Cir 1953], cert denied 347 US 913 [1954]), but rather, “Dismissal under Rule 41 (a)(2) is within the sound discretion of the court” (Clark v Tansy, 13 F3d 1407, 1411 [10th Cir 1993]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flanagan v. Nyquist
green
1 sentence2022Connell v Hayden , 83 AD2d 30, 39 [once a defendant established, prima facie, that an action was untimely, "a plaintiff relying upon an exception thereto has the burden of proving that he [or she] comes within the exception"]; Doyon v Bascom , 38 AD2d 645 ["While the burden of proving the affirmative defense of the Statute of Limitations rests on the party invoking it, a defendant asserting the statute need not negate any exceptions contained therein, the burden resting upon plaintiffs to aver facts showing the case at hand falls within such exceptions"]; Beattys v Straiton , 142 App Div 369, | 1 | 2022–2022 |
Yarborough v. City of New York
green
1 sentence2022The Court of Appeals has indicated that the same principle applies in the prior written notice context: "Where the City establishes that it lacked prior written notice under [Administrative Code § 7-201(c)(2)], the burden shifts to the plaintiff to demonstrate the applicability of one of two recognized exceptions to [that defense]" ( Yarborough v City of New York , 10 NY3d at 728 ; see Groninger v Village of Mamaroneck , 17 NY3d 125 ). | 1 | 2022–2022 |
John J. Kassner & Co. v. City of New York
green
2 sentences2020Kassner & Co. v City of New York , 46 NY2d 544, 550 ). "[A]s a general rule a party who has not raised the Statute of Limitations as a defense in the answer or by a motion to dismiss is held to have waived it" ( id. at 552 ; see CPLR 3211[e]; see also Weinstein-Korn-Miller, NY Civ Prac CPLR ¶ 201.11 [2020]). 2020Kassner & Co. v City of New York , 46 NY2d 544, 550 ). "[A]s a general rule a party who has not raised the Statute of Limitations as a defense in the answer or by a motion to dismiss is held to have waived it" ( id. at 552 ; see CPLR 3211[e]; see also Weinstein-Korn-Miller, NY Civ Prac CPLR ¶ 201.11 [2020]). | 1 | 2020–2020 |
Bunting v. Haynes
green
1 sentence2014Co., 7 NY3d at 209 ; Bunting v Haynes, 104 AD3d at 715 ; Lau v Ky, 63 AD3d 801, 801 [2009]). | 1 | 2014–2014 |
Morejon v. Rais Construction Co.
green
1 sentence2014Co., 7 NY3d at 209 ; Bunting v Haynes, 104 AD3d at 715 ; Lau v Ky, 63 AD3d 801, 801 [2009]). | 1 | 2014–2014 |
Cincinnati Butchers' Supply Co. v. Pfeifer
green
1 sentence2007Co., 207 F2d 334, 336 [7th Cir 1953], cert denied 347 US 913 [1954]), but rather, “Dismissal under Rule 41 (a)(2) is within the sound discretion of the court” (Clark v Tansy, 13 F3d 1407, 1411 [10th Cir 1993]). | 1 | 2007–2007 |
Murphy v. Walsh
neutral
1 sentence1981However, a plaintiff relying upon an exception thereto has the burden of proving that he comes within the exception (Beattys v Straiton, 142 App Div 369, 375 ; Murphy v Walsh, 113 App Div 428 ). | 1 | 1981–1981 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.