Blogs

Posts Categorized: Statute of Limitations/Laches

Posted: March 25, 2019

Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well

On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY Slip Op. 02151, holding that once a claim on a bond’s principal is time-barred, a claim for post-maturity interest on that principal is time-barred as well, explaining: Plaintiff maintains that the logical extension of our holding... Read more »

Posted: March 16, 2019

Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run

On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019 NY Slip Op. 01494, holding that a claim was time-barred because it was not assigned to the plaintiff until after the statute of limitations had run, explaining: In September 2007, West End Financial Advisors LLC entered into a... Read more »

Posted: March 7, 2019

Action Dismissed For Failure Timely to Serve Summons and Complaint

On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Plank, LLC v. Dutch Vil., LLC, 2019 NY Slip Op. 50188(U), dismissing an action for failure timely to serve the summons and complaint, explaining: CPLR 306-b requires service of process to be made within 120 days of the filing of... Read more »

Posted: February 22, 2019

RMBS Trustee’s Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit

On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. Capital, Inc., 2019 NY Slip Op. 01169, holding that an RMBS “[t]rustee’s failure to comply with the notice and cure or repurchase condition precedent within the applicable statute of limitations does not foreclose refiling of its... Read more »

Posted: February 20, 2019

RMBS Trustee’s Untimely-Filed Complaint Cannot Relate Back to Certificateholder’s Suit on Behalf of Trust, Which Was Barred by Trust’s No Action Clause

On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. Capital, Inc., 2019 NY Slip Op. 01168, holding that where a party without standing to bring an action on behalf of a trust under the trust’s no action clause timely brings an action on behalf a... Read more »

Posted: January 14, 2019

Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair

On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in Jesiolowski Enters., Inc. v. Data Key Holdings, LLC., 2017 NY Slip Op. 52025(U), holding that a contract term limiting the time in which to assert a claim was unenforceable because it was not clear, unambiguous, reasonable and fair, explaining: Although... Read more »

Posted: December 30, 2018

Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier

On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc., 2018 NY Slip Op. 08735, holding that claims adding new defendants related-back to the date of the original claims even though the new defendants could have been identified earlier, explaining: [I]n order to avoid dismissal, it... Read more »

Posted: December 14, 2018

Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine

On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Boesky v. Levine, 2018 NY Slip Op. 33017(U), holding that a break in representation barred an attempt to toll the statute of limitations under the continuous representation doctrine, explaining: With respect to Levine, the complaint alleges that he initially... Read more »

Posted: October 25, 2018

Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal

On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Emil LLC v. Jacobson, 2018 NY Slip Op. 32529(U), holding that recognition of alleged loans on a partnership’s books raised issues of fact regarding the statute of limitations for not repaying the loans, precluding dismissal, explaining: Loans which have... Read more »

Posted: October 15, 2018

When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return

On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie, C.P.A’s, P.C., 2018 NY Slip Op. 06487, holding that when an accounting firm agreed to respond to an audit letter, the continuous representation doctrine preserved professional malpractice claims related to the audited return, explaining: Without any new engagement by plaintiff,... Read more »