Malone v Spaliviero

Holding The Appellate Division reversed the lower court’s order granting the plaintiffs’ motion to dismiss the defendant’s statute of limitations defense. The court held that the plaintiffs failed to establish the defense was without merit and improperly introduced new evidence in their reply affirmation.

The court’s words

The plaintiffs' attempt to remedy this deficiency by submitting portions of a purported medical chart through their counsel's reply affirmation was improper.

2026 NY Slip Op 05948, at the official text

The function of reply papers is to address arguments made in opposition to the position taken by the movant and not to permit the movant to introduce new grounds or evidence in support of the motion

2026 NY Slip Op 05948, at the official text

Here, the plaintiffs failed to establish that the defendant's affirmative defense alleging the expiration of the statute of limitations was without merit as a matter of law.

2026 NY Slip Op 05948, at the official text