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 »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 »
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 »