Torah v. Dell Equity, LLC
Cases that cite this one
21 later published cases cite this decision.
- Wells Fargo Bank, N.A. v. Eitani (Appellate Division of the Supreme Court of New York 2017)
- Hefter v. Elderserve Health, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Yue Fung USA Enterprises, Inc. v. Novelty Crystal Corp. (Appellate Division of the Supreme Court of New York 2013)
- Yue Fung USA Enterprises, Inc. v. Novelty Crystal Corp. (Appellate Division of the Supreme Court of New York 2013)
- Franklin v. Hafftka (Appellate Division of the Supreme Court of New York 2016)
- Kasckarow v. Board of Examiners of Sex Offenders (Appellate Division of the Supreme Court of New York 2013)
- Kasckarow v. Board of Examiners of Sex Offenders (Appellate Division of the Supreme Court of New York 2013)
- Filosa v. Donnelly (Appellate Division of the Supreme Court of New York 2012)
- Flushing Savings Bank v. Siunykalimi (Appellate Division of the Supreme Court of New York 2012)
- White Plains Cleaning Services, Inc. v. 901 Properties, LLC (Appellate Division of the Supreme Court of New York 2012)
- Charles v. Broad Street Development, LLC (Appellate Division of the Supreme Court of New York 2012)
- Lipton v. Lipton (Appellate Division of the Supreme Court of New York 2012)
- Lipton v. Lipton (Appellate Division of the Supreme Court of New York 2012)
- Iarocci v. Iarocci (Appellate Division of the Supreme Court of New York 2012)
- Iarocci v. Iarocci (Appellate Division of the Supreme Court of New York 2012)
- Sobel v. Ansanelli (Appellate Division of the Supreme Court of New York 2012)
- Sobel v. Ansanelli (Appellate Division of the Supreme Court of New York 2012)
- Sudit v. Roth (Appellate Division of the Supreme Court of New York 2012)
- Sudit v. Roth (Appellate Division of the Supreme Court of New York 2012)
- Gruber v. Anastas (Appellate Division of the Supreme Court of New York 2012)
- Gruber v. Anastas (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
“On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (5) on statute of limitations grounds, the moving defendant must establish, prima facie, that the time in which to commence the action has expired. The burden then shifts to the plaintiff to raise an issue of fact as to whether the statute of limitations is tolled or is otherwise inapplicable” (Rakusin v Miano, 84 AD3d 1051, 1052 [2011]; see Swift v New York Med. Coll., 25 AD3d 686, 687 [2006]). Here, although the Supreme Court properly concluded that this action was one to foreclose on a mortgage pursuant to RPAPL article 13, which has a six-year statute of limitations (see CPLR 213 [4]), and not, as alleged in the complaint, one pursuant to RPAPL article 15, it erred in granting that branch of the defendants’ motion which was to dismiss the complaint insofar as asserted against them on the ground that the action was time-barred. The defendants failed to establish, prima facie, the accrual date of the foreclosure cause of action (see Romanelli v Disilvio, 76 AD3d 553, 555 [2010]).
The Supreme Court also erred in granting that branch of the defendants’ motion which was to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (1) based on the documentary evidence. In order to be considered
The defendants’ remaining contention regarding the “presumption of payment” was raised for the first time in their reply brief on appeal and, thus, is not properly before this Court (see Jackson v Tide Way Homes, Inc., 62 AD3d 754, 755 [2009]). Mastro, A.EJ., Chambers, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.