First Department Hears Appeal in MLRN v. U.S. Bank
On March 8, 2023, the First Department heard argument on the appeal in MLRN v. U.S. Bank. Continue reading First Department Hears Appeal in MLRN v. U.S. Bank
Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period
On March 2, 2023, the First Department issued a decision in Freedom Trust 2011-2 v. HSBC Bank USA, N.A., 2023 NY Slip Op. 01135, holding that tolling agreements can collectively be made for longer than the statute of limitations period so long as each individual agreement does not exceed the limitations period . . . Continue reading Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period
Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease
On February 22, 2023, the Second Department issued a decision in Prestige Deli & Grill Corp. v. PLG Bedford Holdings, LLC, 2023 NY Slip Op. 01019, holding that the Governor’s Covid tolling orders did not affect the time to cure a breach of a commercial lease . . . Continue reading Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease
Fraud Claim Untimely Under Two-Tear Discovery Rule
On February 14, 2023, the First Department issued a decision in Lazar v. Mor, 2023 NY Slip Op. 00814, holding that a fraud claim was untimely under the two-year discovery rule . . . Continue reading Fraud Claim Untimely Under Two-Tear Discovery Rule
Under Borrowing Statute, if Foreign Jurisdiction Does Not Have Same Claim as New York, Court Must Use Cause of Action Most Analogous to New York Cause of Action
On February 2, 2023, the First Department issued a decision in Andes Petroleum Ecuador Ltd. v. Occidental Petroleum Co., 2023 NY Slip Op. 00481, holding that under New York’s borrowing statute, if the foreign jurisdiction does not have the same claim as New York, the court must use the foreign cause of action most closely analogous to the New York cause of action . . . Continue reading Under Borrowing Statute, if Foreign Jurisdiction Does Not Have Same Claim as New York, Court Must Use Cause of Action Most Analogous to New York Cause of Action
Pre-Breach Agreement to Waive Statute of Limitations Unenforceable
On December 9, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Nelson Bros. W. Seneca, LLC v. Kaplan, 2022 NY Slip Op. 34240(U), holding that a pre-breach agreement to waive the statute of limitations is unenforceable . . . Continue reading Pre-Breach Agreement to Waive Statute of Limitations Unenforceable
Statute of Limitations for Theft of Trade Secrets Accrues When Plaintiff is Damaged, Not When Theft Occurs
On December 22, 2022, the First Department issued a decision in Continental Indus. Group, Inc. v. Ustuntas, 2022 NY Slip Op. 07294, holding that a theft of trade secrets claim accrues when a plaintiff is damaged, not when the theft occurs . . . Continue reading Statute of Limitations for Theft of Trade Secrets Accrues When Plaintiff is Damaged, Not When Theft Occurs
Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
On November 23, 2022, the Second Department issued a decision in LaSalle Bank, NA v. Ferrari, 2022 NY Slip Op. 06699, denying plaintiff an extension of time to serve due to lack of due diligence . . . Continue reading Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations
On November 17, 2022, the Court of Appeals issued a decision in Federal Natl. Mtge. Assn. v. Jeanty, 2022 NY Slip Op. 06539, holding that making mortgage payments is an acknowledgement of a debt that restarts the running of the statute of limitations . . . Continue reading Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations
CPLR 205(a) Relation Back Does Not Apply to Claims That Were Voluntarily Dismissed
On October 18, 2022, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2022 NY Slip Op. 05819, holding that CPLR 205(a) relation back does not apply to claims that were voluntarily dismissed . . . Continue reading CPLR 205(a) Relation Back Does Not Apply to Claims That Were Voluntarily Dismissed