Posts Categorized: Statute of Limitations/Laches

Posted: May 8, 2018

Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants

On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring Agency, Inc., 2018 NY Slip Op. 03196, holding that a proposed claim against a new defendant was time-barred because it did not relate back to earlier claims, explaining: Plaintiffs’ further contend that the proposed new causes of... Read more »

Posted: April 23, 2018

Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations

On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 2018 NY Slip Op. 02569, holding that a written acknowledgement of a debt by a party’s agent can extend the statute of limitation, explaining: Defendant borrower established prima facie through the loan agreement and the notes that the... Read more »

Posted: March 29, 2018

Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed

On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewart v. VSR Stewart Mgt., LLC, 2018 NY Slip Op. 30433(U), denying a motion to dismiss on statute of limitations ground, holding that the statute of limitations was not a defense to a claim based on a forged deed,... Read more »

Posted: March 12, 2018

Judge Ross Dismisses Personal Injury Claim against Airline as time-barred under Montreal Convention

Posted by Solomon N. Klein, Litigation Partner District Judge Allyne R. Ross recently dismissed a personal injury case against Pakistan International Airlines, holding that the time limitations under the Montreal Convention is not subject to tolling under New York law – even if New York law might otherwise apply to calculating the time period. Mughal... Read more »

Posted: March 5, 2018

Counterclaims Entitled to Benefit of Relation-Back Doctrine

On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS Capital Group, LLC, 2018 NY Slip Op. 30333(U), holding that counterclaims related back to the date of the initial complaint for statute of limitations purposes, explaining: Plaintiffs argue that the breach of contract counterclaim is timed-barred by... Read more »

Posted: December 13, 2017

Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered

On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017 NY Slip Op. 08489, holding that a fraud claim against a law firm should not have been dismissed because there was a question of fact regarding when the fraud should have been discovered, explaining: The two-year discovery... Read more »

Posted: December 12, 2017

Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located

On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barclays Bank PLC, 2017 NY Slip Op. 08459, holding that a cause of action for damage to an RMBS trust accrues where the trust is located, explaining: In 2013, plaintiff commenced the two above-captioned actions, each solely in... Read more »

Posted: October 25, 2017

Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute

On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden, Arps, Slate, Meagher, & Flom LLP, 2017 NY Slip Op. 07221, affirming the dismissal of an action as time-barred under New York’s borrowing statute, explaining: Where the alleged injury is economic in nature, the cause of action is... Read more »

Posted: October 9, 2017

CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action

On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey, LLP, 2017 NY Slip Op. 06923, holding that CPLR 305’s extension of the statute of limitations does not apply to actions that are voluntarily discontinued. In EB Brands Holdings, “the plaintiff brought an action against the defendant in... Read more »