On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Marjay N10, LLC v. Yashar, 2020 NY Slip Op. 31279(U), holding that the continuing wrong doctrine did not save the plaintiffs’ claims from being time-barred, explaining: Under CPLR ยง 3211(a)(5), Defendants bear the initial burden of establishing, prima... Read more »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 & Bone Holdings LLC v. Hand Baldachin & Assoc. LLP, 2020 NY Slip Op. 31149(U), holding that the continuous representation doctrine saved a legal malpractice claim from dismissal, explaining: Defendants contend that the legal malpractice claim must... Read more »
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, holding that breach of fiduciary claims were timely even though the alleged breach merely renewed earlier, time-barred breaches, explaining: Breach of fiduciary duty is a tort claim that accrues when all the elements of the tort... Read more »
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 the statute of limitations tolling provided for in earlier executive orders (see here and here) to June 6, 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 Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2020 NY Slip Op. 30947(U), excusing the defendants’ failure to raise a statute of limitations defense in their initial motion to dismiss, explaining: The Defendants argue that the first... Read more »
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 EPK Brand, Inc. v. Leret, 2020 NY Slip Op. 30705(U), holding that the borrowing statute requires the use not just of the foreign state’s statute of limitation but also of its tolling rules, explaining: For purposes of the... Read more »
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 limitations and certain other deadlines through April 19, 2020. With respect to tolling, the order provides that: any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as... Read more »
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. Herbst, 2020 NY Slip Op. 01316, holding that the expiration of the statute of limitations supported granting additional time to serve, explaining: As relevant here, CPLR 306-b provides that service of the summons and complaint shall be made... Read more »
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 Capone v. LDH Mgt. Holdings LLC, 2020 NY Slip Op. 30013(U), holding that a counterclaim cannot involve time-barred claims as a set-off unless the time-barred claims arise from the same transaction or occurrence as the claim against which... Read more »
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 & Consulting USA PC, 2019 NY Slip Op. 09339, holding that the three-year statute of limitations for professional malpractice cannot be extended by re-characterizing claims as contract claims, explaining: A three-year statute of limitations governs actions to recover... Read more »