On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32405(U), holding that a claim was timely under New York’s borrowing statute, explaining: Mr. Vitale argues that the Complaint should be dismissed pursuant to New York’s borrowing statute because the... Read more »
Blogs
Posts Categorized: Statute of Limitations/Laches
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 »
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 »
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 »
Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, 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 »
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 »
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 »
Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended the statute of limitations tolling provided for in earlier executive orders (see here and here) to June 6, 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 »