Blogs

Posts Categorized: Statute of Limitations/Laches

Posted: December 31, 2020

Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery

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 »

Posted: December 24, 2020

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 »

Posted: December 8, 2020

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 »

Posted: November 13, 2020

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 »

Posted: November 2, 2020

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 »

Posted: October 30, 2020

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 »

Posted: September 9, 2020

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 »

Posted: August 14, 2020

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 »