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December 18, 2023 First Department Reaffirms That Assignor’s Residence Determines Place of Accrual of Breach of Contract Claim
On December 12, 2023, the Appellate Division, First Department issued a decision in IKB International, S.A. in Liquidation v. Wells Fargo Bank, N.A. and several other consolidated actions, Case Nos. 2022-04133, 2022-04134, 2022-04178, and 2022-04194. Schlam Stone & Dolan serves as co-counsel for Plaintiffs-Respondents in these actions. The First Department affirmed the trial court’s rejection of the argument by Defendants-Appellants on summary judgment that the German statute of limitations governed the timeliness of Plaintiffs’ breach of contract claims, holding that the law of the place of the party that assigned the claims to Plaintiffs, in this case Ireland, was the proper foreign law to consider pursuant to New York’s borrowing statute, CPLR 202. The First Department explained: Read More
August 30, 2023 Court Denies Motion to Dismiss on Statute of Limitations Grounds
On June 30, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2023 N.Y. Misc. LEXIS 3327, denying the defendants’ motion to dismiss on statute of limitations grounds. Specifically, the Court rejected the defendants’ argument that the three-year statute of limitations found in the recently enacted Consumer Credit Fairness Act (“CCFA”) applied, holding that because the action was brought before the passing of the CCFA and there was no showing that the New York legislature intended the CCFA to apply retroactively, the standard six-year statute of limitations for a breach of contract action applied. The Court explained: Read More
April 17, 2023 First Department Finds Lower Court Applied Wrong State’s Law to Statute of Limitations and Standing
In a Decision, dated March 30, 2023, in MLRN LLC v. U.S. Bank, NA, 2023 NY Slip Op 01748, the First Department, among other things, (1) reversed the lower court’s denial of defendant’s motion to dismiss causes of action for certain breaches holding that the court should not have found that the claims accrued in New York and were timely under New York’s six-year statute of limitations and (2) reversed the lower court’s granting of plaintiff’s motion for summary judgment finding that court should have applied New York’s choice of law. The Court explained: Read More
April 14, 2023 Where Foreign Law Applies, Court Must Apply Limitations Period of Foreign Cause of Action Most Closely Analogous to the New York Causes of Action
On March 28, 2023, Justice Joel. M. Cohen of the New York County Commercial Division issued a decision in Andes Petroleum Ecuador Ltd. v. Occidential Petroleum Corp, 2023 N.Y. Misc. LEXIS 1385. In this action, where the claims accrued in Ecuador and thus the Ecuador statute of limitations applied, the Court had previously denied defendant’s motion to dismiss, “finding that [defendant] failed to meet its burden of showing that [plaintiff’s] claims were time-barred under Ecuadorian law.” The First Department reversed and remanded with the instruction that “the Court consider ‘the expert evidence provided by each side concerning what Ecuadorian causes of action are most closely analogous to the New York causes of action’ for fraudulent conveyance.” On remand, the Court held that the most closely analogous Ecuadorian cause of action had a four-year statute of limitations, and that because the claims had been filed more than four years after they accrued, the Court granted the motion to dismiss. The Court explained: Read More
November 28, 2022 Court Abused Discretion by Going Beyond Four Corners of Complaint to Permit Amendment with Time-Barred Claim
In a Decision, dated October 27, 2022, in 34-06 73, LLC v. Seneca Ins. Co. (2022 NY Slip Op 06029), the Court of Appeals held that the lower court abused its discretion as a matter of law when it granted plaintiffs’ motion to amend to include a time-barred claim. The Court explained: Read More
July 15, 2022 Class Action Tolling Does Not Apply to Trusts That Did Not Join the Class
On May 10, 2022, in Zittman v. Bank of N.Y. Mellon, Index No. 656037/2021, Justice Andrew Borrok of the New York County Commercial Division held that tolling that saved claims brought by a class of certificate holders in residential mortgage-back security trusts did not apply to claims relating to trusts that were not part of the class even though the plaintiffs and trustee were the same and the claims similar. Read More
April 29, 2022 Court Rejects Claim That Defendants Should Be Estopped from Asserting Statute of Limitations
In an Opinion, dated March 3, 2022, in First Equity Realty v. Harmony Grp. II, 2022 N.Y. Slip. Op. 30674(U), Justice Joel M. Cohen rejected plaintiff’s argument that defendants were estopped from asserting a defense of statute of limitations. Read More
July 8, 2021 Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P.,… Read More
May 21, 2021 Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary's Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action
On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. … Read More
May 1, 2021 Continuing Wrong Doctrine Saves Claim From Dismissal on Statute of Limitations Grounds
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital I… Read More
April 16, 2021 Continuous Representation Doctrine Saves Legal Malpractice Claim From Being Time-Barred
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059… Read More
March 29, 2021 Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three
On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hal… Read More
February 19, 2021 Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo B… Read More
February 1, 2021 Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
December 31, 2020 Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 24, 2020 Fraud Claim Time-Barred Because Plaintiff Was on Inquiry Notice More Than Two Years Before Suit Filed
On December 8, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 13, 2020 Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche … Read More
December 8, 2020 Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 202… Read More
November 13, 2020 Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in S… Read More
November 2, 2020 New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
October 30, 2020 Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
October 16, 2020 Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020… Read More
September 9, 2020 Court Analyzes Application of Equitable Estoppel to Statute of Limitations
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Fi… Read More
August 14, 2020 Counterclaims Timely Because They Related Back to Date of Complaint
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Off… Read More
August 4, 2020 Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
July 15, 2020 Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui … Read More
June 20, 2020 Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
June 11, 2020 Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufm… Read More
June 7, 2020 Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, … Read More
May 26, 2020 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Mar… Read More
May 22, 2020 Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
May 12, 2020 Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches
On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, ho… Read More
May 8, 2020 Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended th… Read More
May 2, 2020 Court Excuses Defendants' Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH… Read More
March 24, 2020 Borrowing Statute Requires Use Not Just of Foreign State's Statute of Limitations But Also its Tolling Rules
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in E… Read More
March 21, 2020 New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limi… Read More
March 14, 2020 Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
January 18, 2020 Counterclaim Cannot Involve Time-Barred Claims as Set-off Unless It Arises From Same Transaction or Occurrence
On January 2, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
January 11, 2020 Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims
On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & … Read More
December 21, 2019 Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent A… Read More
December 6, 2019 Statue of Limitations for Action Brought by Trustee is Based on the Trustee's Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl.… Read More
December 1, 2019 Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2019 Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec.… Read More
November 26, 2019 Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. … Read More
November 21, 2019 Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable … Read More
November 5, 2019 CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. M… Read More
October 26, 2019 Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
September 24, 2019 Additional Notices of Claim Related Back to Original Summons With Notice
On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge… Read More
May 17, 2019 Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real… Read More
April 15, 2019 Court Analyzes Application of Saving Statue to Case That had Been Transferred Multiple Times
On March 25, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Fed… Read More
March 25, 2019 Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well
On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY … Read More
March 16, 2019 Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More
March 7, 2019 Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
February 22, 2019 RMBS Trustee's Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 20, 2019 RMBS Trustee's Untimely-Filed Complaint Cannot Relate Back to Certificateholder's Suit on Behalf of Trust, Which Was Barred by Trust's No Action Clause
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
January 14, 2019 Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair
On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in … Read More
December 30, 2018 Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
December 14, 2018 Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
October 25, 2018 Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 15, 2018 When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
August 20, 2018 Claims Barred by Contract's One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 2, 2018 Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Esse… Read More
July 21, 2018 Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in A… Read More
July 14, 2018 Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in M… Read More
June 20, 2018 Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Cor… Read More
June 15, 2018 Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, … Read More
May 11, 2018 Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack's LLC (Delaware), 2018 NY … Read More
May 8, 2018 Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring … Read More
April 23, 2018 Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations
On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 20… Read More
March 29, 2018 Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
March 6, 2018 Plaintiff's Claims Tolled During Pendency of Earlier Federal Action
On February 22, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
March 5, 2018 Counterclaims Entitled to Benefit of Relation-Back Doctrine
On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS C… Read More
December 13, 2017 Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered
On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017… Read More
December 12, 2017 Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located
On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barc… Read More
October 25, 2017 Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
October 9, 2017 CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action
On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey… Read More
August 13, 2017 Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred
On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
July 26, 2017 Breach of Fiduciary Duty Claim Based on Law Firm's Conflicted Representation Timely
On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, … Read More
July 16, 2017 Plaintiff's Amended Claims Found to Relate Back to Date of Original Complaint
On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v… Read More
July 13, 2017 Time-Barred Claims Could be Used as Counterclaims Under Equitable Recoupment Doctrine
On June 29, 2017, the First Department issued a decision in California Capital Equity, LLC v. IJKG, … Read More
June 28, 2017 Leave to Appeal Granted in Case Involving Effect of New York Choice of Law Clause on Applicability of Borrowing Statute
On June 22, 2017, the Court of Appeals granted leave to appeal in 2138747 Ontario, Inc. v. Samsung C… Read More
June 23, 2017 Tolling Provision of CPLR 205(a) Does Not Apply to Out-of-State Actions
On June 15, 2017, the First Department issued a decision in Deadco Petroleum v. Trafigura AG, 2017 N… Read More
June 7, 2017 Fraud Claim Dismissed as Time-Barred; Plaintiffs Were on Inquiry Notice
On June 1, 2017, the First Department issued a decision in MBI International Holdings Inc. v. Barcla… Read More
May 9, 2017 Fiduciary Tolling Applied to Claim Seeking Both Legal and Equitable Relief
On April 20, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 28, 2017 Continuous Representation Doctrine Inapplicable if Limitation Period Set By Contract, Not Statute
On April 20, 2017, the First Department issued a decision in Aaron v. Deloitte Tax LLP, 2017 NY Slip… Read More
March 20, 2017 Statute of Limitations Runs From When Contract is Signed, Not When it is Dated
On March 9, 2017, the First Department issued a decision in Natixis Real Estate Capital Trust 2007-H… Read More
March 8, 2017 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims Against Credit Card Issuer
On February 23, 2017, the First Department issued a decision in Henry v. Bank of America, 2017 NY Sl… Read More
February 14, 2017 First Department Affirms Dismissal of Investor Claims Against Rating Agencies as Time-Barred
On February 10, 2017, the First Department issued a decision in Varga v. McGraw Hill Financial, Inc.… Read More
January 24, 2017 Inquiry Notice of Fraud Existed When Party Received PPM That Contradicted Oral Promises
On January 19, 2017, First Department issued a decision in Hamrick v. Guralnick, 2017 NY Slip Op. 00… Read More
January 20, 2017 No Dismissal on Foreign Statute of Limitations: Insufficient Evidence of Foreign Law
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
December 14, 2016 Law Firm Equitably Estopped from Asserting Defense Against Former Client
On December 6, 2016, the First Department issued a decision in Deep Woods Holdings LLC v. Pryor Cash… Read More
November 8, 2016 Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute
On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 17, 2016 Broad Choice-of-Law Provision Does Not Preclude Application of Borrowing Statute (CPLR 202)
On October 11, 2016, the First Department issued a decision in 2138747 Ontario, Inc. v. Samsung C&T … Read More
October 15, 2016 Breach of Contract Claim Accrues Anew for Each Breach of a Recurring Duty to Pay
On October 4, 2016, the First Department issued a decision in Lebedev v. Blavatnik, 2016 NY Slip Op.… Read More
September 5, 2016 For Relation Back Under CPLR 205, "Prior Action" Must Have Been in New York
On August 26, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 4, 2016 Continuous Representation Tolls Statute of Limitations, Not Accrual of a Claim Itself
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 15, 2016 Accrual Provision Extending Time to Bring Breach of Contract Claim Unenforceable
On August 11, 2016, the First Department issued a decision in Deutsche Bank National Trust Co. v. Fl… Read More
July 30, 2016 Continuous Representation Doctrine Saves Claims Against Auditor from Dismissal
On July 25, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in Jef… Read More
July 18, 2016 Continuing Violation Doctrine Not Applicable Where Plaintiff Suffers Discrete Harms
On June 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in I… Read More
July 13, 2016 Plaintiffs Not Entitled to Equitable Tolling Despite Auction House's Refusal to Discuss Dispute
On July 7, 2016, the First Department issued a decision in Kainer v. Christie's Inc., 2016 NY Slip O… Read More
May 21, 2016 Partial Payment After Statute of Limitations Expires May Toll or Restart It
On May 10, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision … Read More
May 5, 2016 Claim for Not Paying Escrowed Funds Timely Even Though Claim for Failure to Create Escrow Was Not
On April 28, 2016, the First Department issued a decision in Golden Technology Management, LLC v. Ne… Read More
May 1, 2016 Efforts to Remedy Alleged Errors Can Trigger Continuous Representation Doctrine
On April 20, 2016, the Second Department issued a decision in Bronstein v. Omega Construction Group,… Read More
April 29, 2016 Guaranty Waiving All Affirmative Defenses Precludes Statute of Limitations Dismissal
On April 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 8, 2016 Fraud Claim Time-Barred Under Two-Year Discovery Rule
On March 31, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. Deutsche Bank Secu… Read More
April 5, 2016 Client's Death Severs Attorney-Client Relationship, Ending Any Tolling
On March 24, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Dav… Read More
March 29, 2016 Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claims Sounding in Fraud
On March 15, 2016, the First Department issued a decision in Cusimano v. Schnurr, 2016 NY Slip Op. 0… Read More
March 29, 2016 Right to Sue on an Obligation does not Accrue Until an Amount is Due and Payable
On March 17, 2016, the First Department issued a decision in Wald v. Graev, 2016 NY Slip Op. 01910, … Read More
March 7, 2016 No Equitable Estoppel Tolling Fraud Claim: Plaintiffs Had Benefit of Two-Year Discovery Rule
On March 3, 2016, the First Department issued a decision in D. Penguin Bros. Ltd. v. National Black … Read More
February 13, 2016 Counterclaims Sufficiently Related to Complaint's Allegations That They Relate Back
On February 3, 2016, Justice Ramos of the New York County Commercial Division issued an opinion in … Read More
December 3, 2015 Residence of Trustee Not Determinative of Place of Injury for Purposes of Applying New York's Borrowing Statute
On November 25, 2015, Justice Friedman of the New York County Commercial Division issued a decision … Read More
November 21, 2015 Action for Reformation of Deed Time-Barred
On November 18, 2015, the Second Department issued a decision in Lopez v. Lopez, 2015 NY Slip Op. 08… Read More
October 28, 2015 Court Analyzes Application of UN Convention on Contracts for International Sale of Goods
On October 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in T… Read More
September 26, 2015 Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 22, 2015 Claim Untimely Despite Being Brought Within Six Years of Accrual As Defined by Contract
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 7, 2015 Action Untimely Even With Continuous Representation Doctrine Tolling
On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 … Read More
August 9, 2015 Breach of Contract Statute of Limitations Extended by Continuing Wrong Doctrine
On July 29, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Aff… Read More
July 23, 2015 Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred
On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Prosk… Read More
July 21, 2015 Knowledge of Defendants' Misconduct Bars Claims, Including Under Continuing Tort Doctrine
On June 25, 2015, the First Department issued a decision in American Entrance Services, Inc. v. Roed… Read More
July 5, 2015 Fraud Claim Accrues at Time of Transaction, Not When Losses Subsequently Are Realized
On June 17, 2015, Justice Friedman of the New York County Commercial Division issued a decision in C… Read More
June 28, 2015 Liquidating Agreement Claim by Subcontractor Accrues When General Contractor's Claim Time-Barred
On June 5, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Rad &… Read More
June 15, 2015 Breach of RMBS Repurchase Obligation not Separate Breach of Contract With Own Limitations Period
On June 11, 2015, the Court of Appeals issued a decision in ACE Sec. Corp. v. DB Structured Prods., … Read More
June 14, 2015 Limitations Period for Corporate Derivative Claims Does Not Apply to LLC Members
On June 2, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Bl… Read More
June 2, 2015 Action Time-Barred for Failure to Exercise Due Diligence in Investigating Claim
On May 28, 2015, the First Department issued a decision in CIFG Assurance North America, Inc. v. Cre… Read More
May 15, 2015 Prior Action Terminates for CPLR 205(a) Purposes When Appeal is Dismissed, Not When Underlying Order is Entered
On May 14, 2015, the Court of Appeals issued a decision in Malay v. City of Syracuse, 2015 NY Slip O… Read More
May 13, 2015 No Statute of Limitations on Claim Based on Forged Deed
On May 12, 2015, the Court of Appeals issued a decision in Faison v. Lewis, 2015 NY Slip Op. 04026, … Read More
April 29, 2015 No Dismissal Where Questions of When Fraud Could have Been Discovered Exist
On April 20, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
April 15, 2015 Contract Provision Purporting To Delay Accrual of Breach of Contract Action Deemed Unenforceable
On March 3, 2015, Justice Friedman of the New York County Commercial Division issued a decision in U… Read More
April 4, 2015 Tolling Agreement Invalid for Lack of Termination Date
On March 3, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Alle… Read More
March 23, 2015 Second Department Enforces Contract Term Shortening Statute of Limitations
On March 18, 2015, the Second Department issued a decision in State of Narrow Fabric, Inc. v. UNIFI,… Read More
March 22, 2015 Claim Not Barred by UCC's Four-Year Statute of Limitations
On March 12, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in U.S.… Read More
March 11, 2015 Statute of Limitations is Procedural, Not Substantive
On February 20, 2015, Justice Friedman of the New York County Commercial Division issued a decision … Read More
February 6, 2015 Extrinsic Documents Not Part of Agreement Unless Specifically Incorporated by Reference
On January 23, 2015, Justice Demarest of the Kings County Commercial Division issued an opinion in Z… Read More
January 27, 2015 Debt Not Acknowledged in Writing Does Not Revive Statute of Limitations
On January 21, 2015, the Second Department issued a decision in Mosab Construction Corp. v. Prospect… Read More
January 4, 2015 Breach of Contract Claim Does Not Accrue Until Plaintiff Had the Right to Demand Performance
On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 29, 2014 Client Q&A: When is it Too Late to Sue?
When is it Too Late to Sue? By John M. Lundin If you wait too long to bring a lawsuit, you may los… Read More
December 14, 2014 Where Contract Calls for Continuing Performance, Breach of Contract Claim Accrues Continuously With Each Failure to Perform
On December 5, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in N… Read More
October 17, 2014 Claim by Nonresident Dismissed Based on Statute of Limitations of State Where Claim Accrued
On October 9, 2014, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
September 23, 2014 Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless
On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The … Read More
August 23, 2014 Statute of Limitations Applicable to Fraud and Breach of Fiduciary Duty Claims Can Vary Based on Nature of Claim and Relief Sought
On August 4, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 9, 2014 CPLR 205 Tolls Statute of Limitations for Special Proceeding Improperly Brought as a Plenary Action
On July 30, 2014, Justice Friedman of the New York County Commercial Division issued a decision in W… Read More
July 18, 2014 Absent Precise Language To the Contrary, Limitations Period In Insurance Policy Runs From Date Coverage Was Denied, Not Date of Underlying Loss
On June 30, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
June 27, 2014 Foreign Statute of Limitations Does Not Apply in Actions Brought Under CPLR § 205(a)
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 … Read More
June 2, 2014 Agreement Term Shortening Limitations Period Applies to Claims Arising From the Agreement
On May 27, 2014, the First Department issued a decision in Smile Train, Inc. v. Ferris Consulting Co… Read More
April 19, 2014 Statute of Limitations for Common Law Copyright Infringement Six Years
On April 14, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 1, 2014 Court of Appeals Rules That Limitations Period for Judiciary Law § 487 Claims is Six Years
On April 1, 2014, the Court of Appeals issued a decision in Melcher v. Greenberg Traurig, 2014 NY Sl… Read More
March 24, 2014 Claim For Legal Malpractice Accrues When Client Receives Negligent Work Product
On March 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in X… Read More
March 15, 2014 Lack of Sophistication No Excuse for Not Bringing Action Before Statute of Limitations Runs
On March 11, 2014, the First Department issued a decision in Apt v. Morgan Stanley DW, Inc., 2014 NY… Read More
February 22, 2014 Whether Defendants Were "Sellers" Under UCC is Factual Question Precluding Dismissal on Statute of Limitations Grounds
On December 11, 2013, Justice Schmidt of the Kings County Commercial Division issued a decision in … Read More
February 13, 2014 Court of Appeals Rules That Two-Year Statute of Limitations In Insurance Policy Is Unenforceable Where Contractual Condition Precedent To Suit Could Not Be Accomplished Within Two Years
The Court of Appeals issued a decision today in Executive Plaza, LLC v. Peerless Insurance Company, … Read More
February 2, 2014 RMBS Planitiff Moves for Leave to Appeal to Court of Appeals
On December 23, 2013, we blogged about the First Department's decision in ACE Sec. Corp. v. DB Struc… Read More
January 7, 2014 Failure To Comply With Pre-Suit Notice Requirement Nullifies Action
On January 3, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
December 23, 2013 Action Dismissed Due to Failure to Give Contractually-Required Notice and Opportunity to Cure Before Expiration of Limitations Period
On December 19, 2013, the First Department issued a decision in ACE Sec. Corp. v. DB Structured Prod… Read More
December 2, 2013 IRS Audit Put Taxpayer on Inquiry Notice of Possible Fraud Claim Against Tax Advisor
On November 19, 2013, Justice Friedman of the New York County Commercial Division issued a decision … Read More
November 21, 2013 Laches Defense from Events of WWII Fails for Lack of Prejudice
On November 14, 2013, the Court of Appeals issued a decision in In re: Flamenbaum, Docket No. 178, h… Read More
November 9, 2013 Foreign Derivative Claims Face Hurdles in NY Courts
On October 22, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More