On February 4, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Contact Holdings Corp., 2026 NY Slip Op. 00491, holding that a case dismissed for failure to prosecute was not entitled to tolling under CPLR 205-a . . . Continue reading Case Dismissed for Non-Prosecution Not Entitled to Tolling Under Savings Statute
On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud
On January 15, 2026, the First Department issued a decision in Wells Fargo Bank, N.A. v. UBS AG, 2026 NY Slip Op. 00221, holding that a a claim for breach of a CMBS PSA was time-barred under New York’s borrowing statute based on the location of the special servicer . . . Continue reading Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer
On December 9, 2025, the First Department issued a decision in AmTrust N. Am., Inc. v. Insurance Specialty Group LLC, 2025 NY Slip Op. 06801, holding that equitable estoppel extended the limitations period for claims based on a breach of fiduciary duty except for claims based on a failure to disclose . . . Continue reading Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose
On October 21, 2025, the First Department issued a decision in Bennigson v. Salvation Army, 2025 NY Slip Op. 05762, holding that laches barred a claim relating to art sold during the Holocaust . . . Continue reading Laches Bars Claim Relating to Art Sold During Holocaust
On July 8, 2025, justice Patel of the New York County Commercial Division issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 32565(U), holding that UCC Article 2’s four-year statute of limitations does not apply to a construction contract . . . Continue reading UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract
On July 16, 2025, the Second Department issued a decision in Angel v. Strulovich, 2025 NY Slip Op. 04150, holding that the limitations period for a claim for a constructive trust based on conversion is three years . . . Continue reading Limitations Period for Constructive Trust Based on Conversion of Funds is Three Years
On July 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Universal Remote Control, Inc. v. ADP Totalsource, Inc., 2025 NY Slip Op. 51080(U), holding Continue reading Breach of Fiduciary Duty Claim Based on Fraud Has Six-Year Limitations Period
On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership
On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney
