Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach
Commercial Case Notes / Statute of Limitation/Laches

Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

On May 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Irma C. Pollack LLC v. OP Dev. Corp., 2022 NY Slip Op. 31541(U), holding that where a defendant had a continuing duty to act, the statute of limitations for breaching that duty starts anew each day the defendant is in breach . . . Continue reading Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

Breach of Contract Claim Relating to the Sale of Cemetery Plots Fails Under Statute of Frauds
Commercial Case Notes / Contracts

Breach of Contract Claim Relating to the Sale of Cemetery Plots Fails Under Statute of Frauds

On May 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Han v. Chen, 2022 NY Slip Op. 31501(U), dismissing on summary judgment a claim for breach of a contract for the sale of cemetery plots under the Statute of Frauds . . . Continue reading Breach of Contract Claim Relating to the Sale of Cemetery Plots Fails Under Statute of Frauds

Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege
Commercial Case Notes / Privilege/Work Product

Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege

On April 30, 2022, Justice Masley of the New York County Commercial Division issued a decision in Satterfield v. VStock Transfer, LLC, 2022 NY Slip Op. 31446(U), holding that an e-mail regarding an issue that was not in dispute was not protected by the CPLR 4547 settlement communication privilege . . . Continue reading Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege

GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived
Commercial Case Notes / Contracts / Statute of Limitation/Laches

GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived

On May 24, 2022, the Court of Appeals issued a decision in Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., 2022 NY Slip Op 03361, holding that GOL 17-105, not GOL 17-101, governs whether the statute of limitations has been tolled or revived in an action to foreclose a mortgage . . . Continue reading GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived