Posts Categorized: Statute of Limitations/Laches

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 »

Posted: January 4, 2015

Breach of Contract Claim Does Not Accrue Until Plaintiff Had the Right to Demand Performance

On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Golden Tech. Management, LLC v. NextGen Acquisition, Inc., 2014 NY Slip Op. 33368(U), refusing to dismiss claims on statute of limitations grounds. In Golden Tech. Management, the plaintiff brought claims for monies due under a share purchase agreement.... Read more »

Posted: December 14, 2014

Where Contract Calls for Continuing Performance, Breach of Contract Claim Accrues Continuously With Each Failure to Perform

On December 5, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in NYAHSA Services, Inc. Self Insurance Trust v. People Care Inc., 2014 NY Slip Op. 51711(U), applying the statute of limitations for breach of a contract requiring repeated performance. In NYAHSA Services, the plaintiff moved to dismiss counterclaims for, among... Read more »

Posted: October 17, 2014

Claim by Nonresident Dismissed Based on Statute of Limitations of State Where Claim Accrued

On October 9, 2014, Justice Friedman of the New York County Commercial Division issued a decision in Cambridge Capital Real Estate Investments, LLC v. Archstone Enterprises LP, 2014 NY Slip Op. 32625(U), dismissing an action based on the statute of limitations of the state where the action accrued. In Cambridge Capital, the plaintiff, a “minority limited... Read more »

Posted: September 23, 2014

Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless

On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The Roman Catholic Diocese of Brooklyn, N.Y. v. Christ the King Regional High School, 2014 NY Slip Op. 32389(U), granting a motion to dismiss in part. In 1976, the plaintiff Diocese of Brooklyn conveyed real estate to the defendant... Read more »

Posted: August 23, 2014

Statute of Limitations Applicable to Fraud and Breach of Fiduciary Duty Claims Can Vary Based on Nature of Claim and Relief Sought

On August 4, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Blumenstyk v. Singer, 2014 NY Slip Op. 32124(U), illustrating the analysis used to determine the statute of limitations applicable to claims of breach of fiduciary duty and fraud. In Blumenstyk, the plaintiffs brought twenty-four causes action against the defendants.... Read more »