Posts Categorized: Statute of Limitations/Laches

Posted: August 19, 2015

Second Circuit Examines Accrual of Claims for Unauthorized Computer Access

On August 4, 2015, the Second Circuit issued a decision in Sewell v. Bernardin, Docket No. 14‐3143, “address[ing] a matter of first impression in” the Second “Circuit: the operation of the statutes of limitations applicable under the civil enforcement provisions of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, and the Stored Communications... Read more »

Posted: August 9, 2015

Breach of Contract Statute of Limitations Extended by Continuing Wrong Doctrine

On July 29, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Affordable Housing Association, Inc. v. Town of Brookhaven, 2015 NY Slip Op. 25247, extending the statute of limitations for breach of contract based on the continuing wrong doctrine. In Affordable Housing Association, “the defendant Town of Brookhaven (the ‘Town’)... Read more »

Posted: July 23, 2015

Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred

On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Proskauer Rose, LLP, 2015 NY Slip Op. 05772, holding that the continuous representation doctrine foreclosed dismissal of a legal malpractice claim as time-barred. In Overseas Shipholding Group, the defendants moved to dismiss the plaintiff’s legal malpractice claim. The First... Read more »

Posted: July 21, 2015

Knowledge of Defendants’ Misconduct Bars Claims, Including Under Continuing Tort Doctrine

On June 25, 2015, the First Department issued a decision in American Entrance Services, Inc. v. Roeder, 2015 NY Slip Op. 05583, holding that a “[p]laintiffs’ claims for misappropriation of trade secrets and unfair competition [we]re time-barred, since plaintiffs had knowledge of defendants’ alleged use of their trade secrets . . . more than seven... Read more »

Posted: July 5, 2015

Fraud Claim Accrues at Time of Transaction, Not When Losses Subsequently Are Realized

On June 17, 2015, Justice Friedman of the New York County Commercial Division issued a decision in Commerzbank AG London Branch v. UBS AG, 2015 NY Slip Op. 31051(U), dismissing fraud claims as time-barred. In Commerzbank AG London Branch, the plaintiff brought claims relating to its purchase “of residential mortgage backed securities certificates (RMBS).” The... Read more »

Posted: June 28, 2015

Liquidating Agreement Claim by Subcontractor Accrues When General Contractor’s Claim Time-Barred

On June 5, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Rad & D’Aprile Inc. v. Arnell Constr. Corp., 2015 NY Slip Op. 25191, analyzing when a claim for breach of a liquidating agreement accrues. In Rad & D’Aprile Inc., the plaintiff subcontractor and the defendant contractor entered into a... Read more »

Posted: June 15, 2015

Breach of RMBS Repurchase Obligation not Separate Breach of Contract With Own Limitations Period

On June 11, 2015, the Court of Appeals issued a decision in ACE Sec. Corp. v. DB Structured Prods., Inc., 2015 NY Slip Op. 04873, holding that the breach of an RMBS repurchase obligation was not a separate breach of contract accruing at the time of the failure to repurchase. In ACE Sec. Corp., the... Read more »

Posted: June 14, 2015

Limitations Period for Corporate Derivative Claims Does Not Apply to LLC Members

On June 2, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Blumenstyk v. Singer, 2015 NY Slip Op. 30929(U), holding that the limitations period for corporate derivative claims does not apply to derivative claims made by members of an LLC, explaining: Plaintiffs contend that all of their derivative claims... Read more »

Posted: June 2, 2015

Action Time-Barred for Failure to Exercise Due Diligence in Investigating Claim

On May 28, 2015, the First Department issued a decision in CIFG Assurance North America, Inc. v. Credit Suisse Securities (USA) LLC, 2015 NY Slip Op. 04558, affirming the dismissal of a fraud claim on statute of limitations grounds. In CIFG Assurance North America, Inc., the trial court dismissed the plaintiff’s fraud claim on statute... Read more »

Posted: May 15, 2015

Prior Action Terminates for CPLR 205(a) Purposes When Appeal is Dismissed, Not When Underlying Order is Entered

On May 14, 2015, the Court of Appeals issued a decision in Malay v. City of Syracuse, 2015 NY Slip Op. 04164, holding that a “prior action terminates for the purposes of CPLR 205(a) when the intermediate appellate court dismisses the appeal, not when the underlying order appealed from is entered.”  (Emphasis added). CPLR 205(a)... Read more »