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 »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 »
Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent Assn., Inc., 2019 NY Slip Op. 08980, holding that claims that were timely asserted in an initial complaint were timely even though that complaint was not served, explaining: While recognizing that this case presents a unique procedural posture,... Read more »
Statue of Limitations for Action Brought by Trustee is Based on the Trustee’s Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl. Trust Co. v. Barclays Bank PLC, 2019 NY Slip Op. 08519, holding that the statute of limitations for an action brought by a trustee is based on the trustee’s residence, explaining: We reaffirm that a cause of... Read more »
Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Razinski v. Katten Muchin Rosenman, LLP, 2019 NY Slip Op. 33422(U), holding that a Summons with Notice provided sufficient notice to satisfy the statute of limitations, explaining: It is undisputed that the statute of limitations for legal malpractice... Read more »
Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec., Inc., 2019 NY Slip Op. 08355, holding that an RMBS trustee could not rely on CPLR 205 relation back when a trust beneficiary, not the trustee, initially brought suit, explaining: The dispositive issue in both appeals... Read more »
Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Fernandez, 2019 NY Slip Op. 08290, holding that a discharge in bankruptcy did not automatically accelerate a mortgage debt, affecting the statute of limitations, explaining: With respect to a mortgage payable in installments, separate causes of action accrue... Read more »
Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable Found. v. Seng, 2019 NY Slip Op. 08261, holding that the open repudiation toll doctrine was inapplicable to a claim for money damages for a breach of fiduciary duty, explaining: The breach of fiduciary duty claims are barred... Read more »
CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. Moody’s Corp., 2019 NY Slip Op. 07491, holding the CPLR 205 relation back applies to federal claims transferred to New York federal court, explaining: CPLR 205(a) applies to prior actions commenced in a federal court within this... Read more »
Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in Tobias Bermudez Chavez v. Occidental Chem. Corp., etc., 2019 NY Slip Op. 78361: (1) whether New York law recognizes ʺcross‐jurisdictional class action tolling,ʺ i.e., tolling of a New York statute of limitations by the pendency of a class... Read more »