Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims
Commercial Case Notes / Statute of Limitation/Laches

Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

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

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
Commercial Case Notes / Defamation / Statute of Limitation/Laches / Tortious Interference

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

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

Under Continuing Wrong Doctrine, New Claim Accrued Each Time Defendant Failed to Make a Quarterly Payment
Commercial Case Notes / Statute of Limitation/Laches

Under Continuing Wrong Doctrine, New Claim Accrued Each Time Defendant Failed to Make a Quarterly Payment

On August 15, 2024, the First Department issued a decision in Hai-2, LLC v. Blackrock Fin. Mgt., Inc., 2024 NY Slip Op. 04226, holding that under the continuing wrong doctrine, a new claim accrued each time the defendant failed to make a quarterly payment . . . Continue reading Under Continuing Wrong Doctrine, New Claim Accrued Each Time Defendant Failed to Make a Quarterly Payment

Fraud Claim Time-Barred Because of Plaintiff’s Failure to Sue Within Two Years of Being on Inquiry Notice of Possible Fraud
Commercial Case Notes / Statute of Limitation/Laches

Fraud Claim Time-Barred Because of Plaintiff’s Failure to Sue Within Two Years of Being on Inquiry Notice of Possible Fraud

On June 2, 2024, Justice Masley of the New York County Commercial Division issued a decision in Grosso v. Cy Twombly Found., 2024 NY Slip Op. 31905(U), holding that a fraud claim was untimely because of the plaintiff’s failure to sue within two years of being on inquiry notice of the possible fraud . . . Continue reading Fraud Claim Time-Barred Because of Plaintiff’s Failure to Sue Within Two Years of Being on Inquiry Notice of Possible Fraud

Claim Related to Stolen Artwork Barred by Laches Even Though Timely Under Statute of Limitations
Commercial Case Notes / Statute of Limitation/Laches

Claim Related to Stolen Artwork Barred by Laches Even Though Timely Under Statute of Limitations

On June 6, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Bennigson v. Solomon R. Guggenheim Found., 2024 NY Slip Op. 24164, holding that claims relating to stolen artwork were barred by laches even though they were not barred by the statute of limitations under the federal Holocaust Expropriated Art Recovery Act . . . Continue reading Claim Related to Stolen Artwork Barred by Laches Even Though Timely Under Statute of Limitations

Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint
Commercial Case Notes / Statute of Limitation/Laches

Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint

On April 1, 2024, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2024 NY Slip Op. 31087(U), holding that a fraudulent conveyance claim in an amended complaint related back to the original complaint . . . Continue reading Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint