A Case of First Impression

SACS won a significant victory in the Appellate Division, Second Department, in an appeal stemming from a coordinated motion pertaining to five cases, when the Court affirmed the motion court’s decision that granted our client’s CPLR 3211 motion seeking dismissal of the complaints as time-barred. 

In this case of first impression, the Appellate Division issued a fourteen-page unanimous decision authored by Justice Linda Christopher.  The Court agreed with our argument that, under the circumstances, CPLR 214(6) does not apply extraterritorially, where the plaintiff is a nonresident, and the alleged acts at issue were perpetrated by a nonresident outside of New York.  The Court also agreed that CPLR 214-g does not override the application of CPLR 202 - the borrowing statute – and, thus, plaintiff’s negligence cause of action is time-barred under the applicable Florida statute of limitations.

Robert M. Ortiz, Christopher Simone and Jeremy S. Rosof drafted the brief and Christopher Simone argued the appeal. 

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