Blogs

Posts Categorized: Statute of Limitations/Laches

Posted: November 8, 2016

Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute

On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Centre Lane Partners, LLC v. Skadden, Arps, Slate, Meagher & Flom Llp, 2016 NY Slip Op. 32136(U), dismissing legal malpractice claims as untimely under New York’s borrowing statute, explaining: [W]here, as here, the claim accrued outside of New... Read more »

Posted: October 17, 2016

Broad Choice-of-Law Provision Does Not Preclude Application of Borrowing Statute (CPLR 202)

On October 11, 2016, the First Department issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Corp., 2016 NY Slip Op. 06671, holding that “a broadly drawn contractual choice-of-law provision” providing “for the agreement to be ‘governed by, construed and enforced’ in accordance with New York law,” does not “preclude[] the application of New... Read more »

Posted: October 15, 2016

Breach of Contract Claim Accrues Anew for Each Breach of a Recurring Duty to Pay

On October 4, 2016, the First Department issued a decision in Lebedev v. Blavatnik, 2016 NY Slip Op. 06463, holding that a claim for breach of a contractual obligation to pay accrued anew for each breach of a recurring duty to pay, explaining: This action was commenced within both limitations periods, because defendants had a... Read more »

Posted: September 5, 2016

For Relation Back Under CPLR 205, “Prior Action” Must Have Been in New York

On August 26, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in Petroleum v. Trafigura AG, 2016 NY Slip Op. 31656(U), holding that a new action did not relate back to a prior, dismissed, action in California under CPLR 205, explaining: Plaintiff argues that its claims are timely because the... Read more »

Posted: September 4, 2016

Continuous Representation Tolls Statute of Limitations, Not Accrual of a Claim Itself

On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Aaron v. Deloitte Tax LLP, 2016 NY Slip Op. 31604(U), rejecting application of the continuous representation doctrine because that doctrine tolls the statute of limitations, but does not stop the accrual of a claim itself. In Aaron, Davidson,... Read more »

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 »