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Daily Archives: Thursday, July 13, 2017

Posted: 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, LLC, 2017 NY Slip Op. 05312, holding that claims that were time-barred could nonetheless be a sserted as counterclaims, explaining: The doctrine of equitable recoupment, as codified in CPLR 203(d), applies to IJKG’s counterclaim for tortious interference with... Read more »