Blogs

Posts Categorized: Statute of Limitations/Laches

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 »

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 »