Blogs

Posts Categorized: Statute of Limitations/Laches

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 »

Posted: May 12, 2020

Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches

On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, holding that breach of fiduciary claims were timely even though the alleged breach merely renewed earlier, time-barred breaches, explaining: Breach of fiduciary duty is a tort claim that accrues when all the elements of the tort... Read more »

Posted: May 2, 2020

Court Excuses Defendants’ Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss

On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2020 NY Slip Op. 30947(U), excusing the defendants’ failure to raise a statute of limitations defense in their initial motion to dismiss, explaining: The Defendants argue that the first... Read more »