On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Emil LLC v. Jacobson, 2018 NY Slip Op. 32529(U), holding that recognition of alleged loans on a partnership’s books raised issues of fact regarding the statute of limitations for not repaying the loans, precluding dismissal, explaining: Loans which have… Read more »
Blogs
Posts Categorized: Statute of Limitations/Laches
When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie, C.P.A’s, P.C., 2018 NY Slip Op. 06487, holding that when an accounting firm agreed to respond to an audit letter, the continuous representation doctrine preserved professional malpractice claims related to the audited return, explaining: Without any new engagement by plaintiff,… Read more »
Claims Barred by Contract’s One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in MWW Group Holding Co., LLC v. Marcum LLP, 2018 NY Slip Op. 31921(U), holding the claims were time-barred under a contract’s one-year limitations period to assert claims, explaining: The one-year statute of limitations clause in the engagement agreement… Read more »
Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Essepian v. United Group of Companies, Inc., 2018 NY Slip Op. 51153(U), holding that a fraud claim was untimely even under New York’s two year discovery rule, explaining: Dismissal is warranted under CPLR 3211(a) (5) where the movant establishes… Read more »
Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in Ajdler v Province of Mendoza, No. 17‐2704‐cv: 1. If a bond issuer remains obligated to make biannual interest payments until the principal is paid, including after the date of maturity, do enforceable claims for such biannual interest continue… Read more »
Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Miller v. Suky, 2018 NY Slip Op. 31374(U), finding claims timely under the fiduciary tolling doctrine, explaining: Although plaintiff fails to establish equitable estoppel, the SAC sufficiently alleges a fiduciary relationship between plaintiff, 19 Hotel and Owners on… Read more »
Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Corp., 2018 NY Slip Op. 04274, holding that when a contract provides that it will be enforced according to New York law, the New York borrowing statute will be used to determine the appropriate statute of limitations,… Read more »
Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, 2018 NY Slip Op. 04272, holding that Martin Act claims have a three year statute of limitations, explaining: The first issue before us is whether Martin Act claims are governed by CPLR 214(2), imposing a three-year… Read more »
Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack’s LLC (Delaware), 2018 NY Slip Op. 03238, holding that a proposed amendment to a complaint to name a new defendant did not relate back to the date of the original complaint, explaining: The motion court properly dismissed the complaint on the… Read more »
Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring Agency, Inc., 2018 NY Slip Op. 03196, holding that a proposed claim against a new defendant was time-barred because it did not relate back to earlier claims, explaining: Plaintiffs’ further contend that the proposed new causes of… Read more »