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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: 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. Roeder, 2015 NY Slip Op. 05583, holding that a “[p]laintiffs’ claims for misappropriation of trade secrets and unfair competition [we]re time-barred, since plaintiffs had knowledge of defendants’ alleged use of their trade secrets . . . more than seven years before they filed” suit. “Given plaintiffs’ knowledge, the continuing tort doctrine does not apply.”

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