Blogs

Posts Categorized: Statute of Limitations/Laches

Posted: March 29, 2016

Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claims Sounding in Fraud

On March 15, 2016, the First Department issued a decision in Cusimano v. Schnurr, 2016 NY Slip Op. 01758, holding that a claim for breach of fiduciary duty based on fraud has a six-year statute of limitations, explaining: Contrary to the motion court’s conclusion, we find that a six-year statute of limitations applies to the... Read more »

Posted: March 7, 2016

No Equitable Estoppel Tolling Fraud Claim: Plaintiffs Had Benefit of Two-Year Discovery Rule

On March 3, 2016, the First Department issued a decision in D. Penguin Bros. Ltd. v. National Black United Fund, Inc., 2016 NY Slip Op. 01574, declining to toll the statute of limitations on a fraud claim by equitable estoppel, explaining: “We perceive no basis for applying the doctrine of equitable estoppel; plaintiffs were afforded... Read more »

Posted: February 13, 2016

Counterclaims Sufficiently Related to Complaint’s Allegations That They Relate Back

On February 3, 2016, Justice Ramos of the New York County Commercial Division issued an opinion in California Capital Equity, LLC v. IJKG, LLC, 2016 NY Slip Op. 50112(U), holding that counterclaims were sufficiently related to the complaint that they relate back for statute of limitations purposes. In California Capital Equity, the plaintiff brought “claims... Read more »

Posted: December 3, 2015

Residence of Trustee Not Determinative of Place of Injury for Purposes of Applying New York’s Borrowing Statute

On November 25, 2015, Justice Friedman of the New York County Commercial Division issued a decision in Deutsche Bank National Trust Co. v. Barclays Bank PLC, 2015 NY Slip Op. 32252(U), addressing the application of New York’s borrowing statute to claims for breach of representations and warranties asserted by the trustee of a residential mortgaged-backed... Read more »

Posted: October 28, 2015

Court Analyzes Application of UN Convention on Contracts for International Sale of Goods

On October 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Thyssenkrupp Metallurgical Products GmbH v. Energy Coal, S.p.A., 2015 NY Slip Op. 31922(U), analyzing the application of the UN Convention on Contracts for International Sale of Goods (“CISG”) to CPLR 202, which “measures the timeliness of [a] claim... Read more »

Posted: September 26, 2015

Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort

On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Vandashield LTD v. Isaccson, 2015 NY Slip Op. 31782(U), analyzing the limitations period for claims of unjust enrichment. In Vandashield, the defendants moved to dismiss the complaint on various grounds, including that the plaintiffs’ unjust enrichment claims were... Read more »

Posted: September 22, 2015

Claim Untimely Despite Being Brought Within Six Years of Accrual As Defined by Contract

On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Bank of N.Y. Mellon v. WMC Mortgage, LLC, 2015 NY Slip Op. 25318, dismissing a breach of contract claim as time-barred even though it was brought within six years of the time it accrued according to the parties’... Read more »

Posted: September 7, 2015

Action Untimely Even With Continuous Representation Doctrine Tolling

On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 NY Slip Op. 06720, addressing whether an action was tolled under the continuous representation doctrine, explaining “that pursuant to the doctrine of continuous representation, the three-year statute of limitations pertaining to the defendants’ alleged legal malpractice in October... Read more »