On March 18, 2025, the First Department issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2025 NY Slip Op. 01573, holding that equitable estoppel cannot be based on the same misconduct as the claim that was asserted . . . . Continue reading Equitable Estoppel Cannot be Based on Same Misconduct as Claim Asserted
On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
On January 30, 2025, the First Department issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2025 NY Slip Op. 00481, holding that amended Continue reading Claims Do Not Relate Back When They Relate to Different Facts and Duties
On February 4, 2025, the First Department issued a decision in Lazar v. Mor, 2025 NY Slip Op. 00630, holding that amended claims related back to the original complaint even though they involved new causes of action . . . Continue reading Amended Claims Related Back to Original Complaint Even Though They Related to New Causes of Action
On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Continue reading Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim
On December 11, 2024, the Second Department issued a decision in R & G Brenner Income Tax Consultants v. Gilmartin, 2024 NY Slip Op. 06229, holding that counterclaims that relate to the plaintiff’s claims are not time-barred . . . Continue reading Counterclaims the Relate to Claims Not Time-Barred
On November 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in OTR Media Group, Inc. v. Vizible Media Group, LLC, 2024 NY Slip Op. 34117(U), rejecting the application of the continuing wrong doctrine and dismissing claims as untimely . . . Continue reading Continuing Wrong Doctrine Did Not Apply to Make Claims Timely
On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . Continue reading Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
On October 13, 2024, Justice Masley of the New York County Commercial Division issued a decision in UBS Ams. Inc. v. Impac Funding Corp., 2024 NY Slip Op. 33827(U), holding that allegations in a complaint related back to the date the Summons with Notice was filed because the Summons with Notice gave adequate notice of the claims . . . Continue reading Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims
On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
