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 »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 »
Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32405(U), holding that a claim was timely under New York’s borrowing statute, explaining: Mr. Vitale argues that the Complaint should be dismissed pursuant to New York’s borrowing statute because the... Read more »
Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui v. Chou, 2020 NY Slip Op. 32158(U), applying the continuing wrong doctrine to find breach of contract claims timely, explaining: As a threshold matter, Defendants argue that Plaintiffs’ breach of contract claims are untimely. The applicable statute... Read more »
Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc., 2020 NY Slip Op. 03187, holding that a tortious interference claim accrues when the plaintiff is first damaged, explaining: The statute of limitations for tortious interference with prospective business relations is three years from the date of injury,... Read more »
Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufman v. A.F. Kaufman, Inc., 2020 NY Slip Op. 31444(U), holding that the continuing wrong doctrine does not save contract claims based on the refusal to recognize an ownership share, explaining: CPLR 213 (2) states, in relevant part,... Read more »
Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, 2020.
Continuing Wrong Doctrine Does Not Save Plaintiff’s Claims From Being Time-Barred
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 § 3211(a)(5), Defendants bear the initial burden of establishing, prima... Read more »
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 »