On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059, holding that the continuous representation doctrine saved a legal malpractice claim from being time-barred, explaining: The claim should also be reinstated against Herrick Feinstein. This Court, in HNH Intl., Ltd. v Pryor Cashman Sherman & Flynn... Read more »
Blogs
Posts Categorized: Statute of Limitations/Laches
Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three
On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hallac, 2021 NY Slip Op. 01881, holding that the statute of limitations for a breach of fiduciary duty claim based on fraud was six years, explaining: The first and second causes of action — for aiding and abetting... Read more »
Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo Barn Bd., LLC, 2021 NY Slip Op. 00963, holding that a dismissal for failure timely to move for default judgment, without more, was not a dismissal for failure to prosecute for CPLR 205 purposes, explaining: In 2012, plaintiff commenced... Read more »
Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00392, holding that a legal malpractice claim was not saved by the continuous representation doctrine, explaining: The court correctly determined that plaintiffs failed to show that there is an issue of fact as to whether the legal... Read more »
Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in H. Roske & Assoc., LP v. Burghart, 2020 NY Slip Op. 34220(U), holding that the statute of limitations on a claim for defamation runs from the date of the defamatory statement, not the date of discovery, explaining: Counterclaim... Read more »
Fraud Claim Time-Barred Because Plaintiff Was on Inquiry Notice More Than Two Years Before Suit Filed
On December 8, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 2020 NY Slip Op. 34044(U), holding that a fraud claim was time-barred because the plaintiff was on inquiry notice of its claim more than two years before the suit was... Read more »
Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co., 2020 NY Slip Op. 07160, holding that a written acknowledgement of a debt revives a time-barred claim, explaining: An action to foreclose a mortgage is governed by a six-year statute of limitations. Even if a... Read more »
Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 2020 NY Slip Op. 07118, holding that a signed acknowledgement of a debt revives a time-barred claim, explaining: On the statute of limitations issue, the mortgage debt was accelerated in 2007, which started the statute of limitations running on... Read more »
Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in State of New York v. All Around Stor., L.L.C., 2020 NY Slip Op. 51265(U), holding that a contract term unreasonably limiting the statute of limitations was unenforceable, explaining: On a motion pursuant to CPLR 3211(a)(5) to dismiss a cause... Read more »
New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 2020 NY Slip Op. 05839, adopting cross-jurisdictional class action tolling of the statute of limitations, explaining: We conclude that a determination that tolling is not available cross-jurisdictionally would subvert article 9—the primary function of which is to allow... Read more »