Posts Categorized: Statute of Limitations/Laches

Posted: August 15, 2016

Accrual Provision Extending Time to Bring Breach of Contract Claim Unenforceable

On August 11, 2016, the First Department issued a decision in Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp., 2016 NY Slip Op. 05780, holding that an accrual provision extending the time for a party to bring a breach of contract action was unenforceable as a matter of public policy, explaining: Statutes of... Read more »

Posted: July 30, 2016

Continuous Representation Doctrine Saves Claims Against Auditor from Dismissal

On July 25, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in Jefferson Apartments, Inc. v. Mauceri, 2016 NY Slip Op. 26230, applying the continuous representation doctrine to preserve some claims against an auditor. As Justice Ritholtz explained in the opening of his opinion, The “continuous treatment” doctrine originated in medical... Read more »

Posted: July 18, 2016

Continuing Violation Doctrine Not Applicable Where Plaintiff Suffers Discrete Harms

On June 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in ICP Asset Mgt. LLC v. Triaxx Prime CDO 2006-1 Ltd., 2016 NY Slip Op. 31241(U), dismissing a breach of contract claim on statute of limitations grounds, explaining: Defendants concede that the breach of contract counterclaim is subject to... Read more »

Posted: July 13, 2016

Plaintiffs Not Entitled to Equitable Tolling Despite Auction House’s Refusal to Discuss Dispute

On July 7, 2016, the First Department issued a decision in Kainer v. Christie’s Inc., 2016 NY Slip Op. 05454, refusing to grant equitable tolling. In Kainer, the plaintiffs brought a General Business Law ยง 349 action against an auction house in connection with the sale of a drawing that, according to plaintiffs, had been... Read more »

Posted: May 21, 2016

Partial Payment After Statute of Limitations Expires May Toll or Restart It

On May 10, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision in Calltrol Corp. v. Dialconnection, LLC, 2016 NY Slip Op. 50765(U), holding that partial payment after the statute of limitations expires can serve to toll or restart the limitations period, explaining: The premise of Defendant’s motion is that the very... Read more »

Posted: May 5, 2016

Claim for Not Paying Escrowed Funds Timely Even Though Claim for Failure to Create Escrow Was Not

On April 28, 2016, the First Department issued a decision in Golden Technology Management, LLC v. NextGen Acquisition, Inc., 2016 NY Slip Op. 03248, holding that a claim for failing to pay funds out of escrow was timely even though a claim for failure to establish the escrow would have been untimely, explaining: Plaintiffs allege... Read more »

Posted: May 1, 2016

Efforts to Remedy Alleged Errors Can Trigger Continuous Representation Doctrine

On April 20, 2016, the Second Department issued a decision in Bronstein v. Omega Construction Group, Inc., 2016 NY Slip Op. 02951, holding that a defendant’s efforts to remedy alleged errors triggered the continuous representation doctrine, explaining: Contrary to [the defendant’s] contentions, in response to his prima facie showing that the action was commenced against... Read more »

Posted: April 29, 2016

Guaranty Waiving All Affirmative Defenses Precludes Statute of Limitations Dismissal

On April 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Sotheby’s Inc. v. Mao, 2016 NY Slip Op. 30708(U), holding that a guaranty that waived all affirmative defenses waived a statute of limitations defense. In Sotheby’s, the defendant business owner guarantied a loan from the plaintiff to his... Read more »

Posted: April 8, 2016

Fraud Claim Time-Barred Under Two-Year Discovery Rule

On March 31, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. Deutsche Bank Securities Inc., 2016 NY Slip Op. 02511, holding a fraud claim time-barred under the two-year discovery rule, explaining: As this Court has held, [w]here the circumstances are such as to suggest to a person of ordinary intelligence the... Read more »

Posted: April 5, 2016

Client’s Death Severs Attorney-Client Relationship, Ending Any Tolling

On March 24, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Davis v. Cohen & Gresser LLP, 2016 NY Slip Op. 50417(U), finding malpractice claims time-barred. In Davis, the plaintiff representative of an estate brought a legal malpractice action against the defendant law firm, which had represented the decedent... Read more »