| Shirom Acupuncture, P.C. v New York City Off. of Comptroller |
| 2015 NY Slip Op 50779(U) [47 Misc 3d 150(A)] |
| Decided on May 18, 2015 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered October 3, 2012. The order denied defendant's motion to dismiss the complaint.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned no-fault benefits, defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that the action is barred by the statute of limitations. The Civil Court denied defendant's motion, holding that the applicable statute of limitations was six years and not three years.
A defendant moving for the dismissal of a complaint on statute of limitations grounds bears the initial burden of establishing, prima facie, that the time in which to sue has expired (see 6D Farm Corp. v Carr, 63 AD3d 903 [2009]; Island ADC, Inc. v Baldassano Architectural Group, P.C., 49 AD3d 815 [2008]). Contrary to defendant's contention, in an action such as this against a self-insured defendant, the applicable statute of limitations is six years, not three years (Contact Chiropractic, P.C. v New York City Tr. Auth., 42 Misc 3d 60 [App Term, 2d, 11th & 13th Jud Dists 2013]).
Accordingly, the order is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.