Topic: on a motion to dismiss a cause of action pursuant to cplr 3… · Go Syfert
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Topic #15262

3 canonical passages across 2 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Wells Fargo Bank, N.A. v. Burke.

#Case FlagCanonical passage Citers
1 Wells Fargo Bank, N.A. v. Burke Anchor
nyappdiv · 2017
green “on a motion to dismiss a cause of action pursuant to cplr 3211(a)(5) on the ground that it is barred by the statute of limitations, a defendant bears the initial burden of establishing, prima facie, that the time in which to sue has expired” 17
2 U.S. Bank National Ass'n v. Martin
nyappdiv · 2016
green “the burden then shifts to the plaintiff to present admissible evidence establishing that the action was timely or to raise a question of fact as to whether the action was timely” 7
3 Wells Fargo Bank, N.A. v. Burke
nyappdiv · 2017
green “the plaintiff has the burden of establishing that the statute of limitations has not expired, that it is tolled, or that an exception to the statute of limitations applies” 6

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