Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose
Commercial Case Notes / Statute of Limitation/Laches

Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose

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

UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract
Commercial Case Notes / Statute of Limitation/Laches

UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract

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

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
Commercial Case Notes / Conversion/Trespass to Chattel / Declaratory Judgment / Statute of Limitation/Laches

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 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

Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney
Commercial Case Notes / Professional Malpractice / Statute of Limitation/Laches

Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

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

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
Commercial Case Notes / Court Rules and Procedures / Statute of Limitation/Laches

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

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