On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in H. Roske & Assoc., LP v. Burghart, 2020 NY Slip Op. 34220(U), holding that the statute of limitations on a claim for defamation runs from the date of the defamatory statement, not the date of discovery, explaining: Counterclaim... Read more »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 in Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 2020 NY Slip Op. 34044(U), holding that a fraud claim was time-barred because the plaintiff was on inquiry notice of its claim more than two years before the suit was... Read more »
Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co., 2020 NY Slip Op. 07160, holding that a written acknowledgement of a debt revives a time-barred claim, explaining: An action to foreclose a mortgage is governed by a six-year statute of limitations. Even if a... Read more »
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, 2020 NY Slip Op. 07118, holding that a signed acknowledgement of a debt revives a time-barred claim, explaining: On the statute of limitations issue, the mortgage debt was accelerated in 2007, which started the statute of limitations running on... Read more »
Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in State of New York v. All Around Stor., L.L.C., 2020 NY Slip Op. 51265(U), holding that a contract term unreasonably limiting the statute of limitations was unenforceable, explaining: On a motion pursuant to CPLR 3211(a)(5) to dismiss a cause... Read more »
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., 2020 NY Slip Op. 05839, adopting cross-jurisdictional class action tolling of the statute of limitations, explaining: We conclude that a determination that tolling is not available cross-jurisdictionally would subvert article 9—the primary function of which is to allow... Read more »
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 & Assoc., Inc., 2020 NY Slip Op. 05792, holding that a malpractice claim against an appraiser did not accrue when the appraiser issued the appraisal, but rather when the client received the appraisal, explaining: The three-year statute of limitations... Read more »
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 NY Slip Op. 05493, holding that partial payments renewed the statute of limitations, explaining: We agree with the Supreme Court’s determination that the 14 partial payments on the mortgage that Sobo made over the course of approximately... Read more »
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 First Equity Realty v. Harmony Group, II, 2020 NY Slip Op. 50973(U), analyzing the application of the doctrine of equitable estoppel to the statute of limitations, explaining: The statute of limitations on a breach of contract claim is... Read more »
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 Office Group, Inc. v. Sinesio, 2020 NY Slip Op. 32527(U), holding that counterclaims were timely because they related back to the date the complaint was filed, explained: A claim for breach of fiduciary duty requires (1) the existence... Read more »