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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: 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&T Corp., 2017 NY Slip Op. 77845, a case concerning the effect of a broadly-worded New York choice-of-law clause on the applicability of New York’s ‘borrowing statute,” CPLR 202, which in certain circumstances mandates application of a foreign statute of limitations to claims brought by non-New York residents. See our previous post about the First Department’s decision, which held that the borrowing statute applied notwithstanding the New York choice of law clause in the parties’ agreement, here.

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