Blogs

Posts Categorized: Statute of Limitations/Laches

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 »

Posted: July 15, 2020

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 »

Posted: June 20, 2020

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 »

Posted: June 11, 2020

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 »

Posted: May 26, 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 »

Posted: May 22, 2020

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 »