Posts Categorized: Statute of Limitations/Laches

Posted: May 15, 2015

Prior Action Terminates for CPLR 205(a) Purposes When Appeal is Dismissed, Not When Underlying Order is Entered

On May 14, 2015, the Court of Appeals issued a decision in Malay v. City of Syracuse, 2015 NY Slip Op. 04164, holding that a “prior action terminates for the purposes of CPLR 205(a) when the intermediate appellate court dismisses the appeal, not when the underlying order appealed from is entered.”  (Emphasis added). CPLR 205(a)... Read more »

Posted: April 29, 2015

No Dismissal Where Questions of When Fraud Could have Been Discovered Exist

On April 20, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Davoli v. Dourdas, 2015 NY Slip Op. 30635(U), discussing the statute of limitations for fraud. In Davoli, the plaintiff brought claims for “fraud and other malfeasance by her financial advisors and others in connection with the management of... Read more »

Posted: April 15, 2015

Contract Provision Purporting To Delay Accrual of Breach of Contract Action Deemed Unenforceable

On March 3, 2015, Justice Friedman of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. Greenpoint Mortgage Funding, Inc., 2015 NY Slip Op. 30307(U), holding that a contract provision intended to delay accrual of a breach of contract claim for statute of limitations purposes was unenforceable. U.S. Bank N.A.... Read more »

Posted: April 4, 2015

Tolling Agreement Invalid for Lack of Termination Date

On March 3, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Allenby, LLC v. Credit Suisse, AG, 2015 NY Slip Op. 50427(U), holding that a tolling agreement was ineffective for lack of a termination date. In Allenby, the defendants moved for partial summary judgment on statute of limitations grounds... Read more »

Posted: March 11, 2015

Statute of Limitations is Procedural, Not Substantive

On February 20, 2015, Justice Friedman of the New York County Commercial Division issued a decision in Casita, L.P. v. Glaser, 2015 NY Slip Op. 30243(U), holding that notwithstanding the parties’ agreement that the statute of limitations for the plaintiff’s claims was governed by the law of the Cayman Islands, the statute of limmitations in... Read more »

Posted: February 6, 2015

Extrinsic Documents Not Part of Agreement Unless Specifically Incorporated by Reference

On January 23, 2015, Justice Demarest of the Kings County Commercial Division issued an opinion in Zucker v. Waldmann, 2015 NY Slip Op. 30089(U), granting reargument and, on reargument, denying a motion to dismiss on statute of limitations grounds. In Zucker, the court initially dismissed the plaintiffs’ claims on, among other reasons, statute of limitations... Read more »

Posted: January 27, 2015

Debt Not Acknowledged in Writing Does Not Revive Statute of Limitations

On January 21, 2015, the Second Department issued a decision in Mosab Construction Corp. v. Prospect Park Yeshiva, Inc., 2015 NY Slip Op. 00505, holding that the defendants had not acknowledged the debt in a writing, restarting the statute of limitations period. In Mosab Construction Corp, the trial court granted the defendants’ motion to dismiss... Read more »