On September 30, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Aprile, 2026 NY Slip Op. 05569, holding that a party in default cannot assert an affirmative defense . . . Continue reading Party in Default Cannot Assert Affirmative Defense
On July 30, 2026, the First Department issued a decision in 217 Trust v. VIR Constr., Inc., 2026 NY Slip Op. 04824, holding that an amended complaint related back even though not all the facts alleged in it were in the original complaint . . . Continue reading Amended Complaint Relates Back Even Though Not All Facts Alleged in it Were in Original Complaint
On May 20, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Barr, 2026 NY Slip Op. 03199, holding that the statute of limitations on a claim for failure to pay the balance due on a mortgage begins to run when the lender demands that the entire balance be paid . . . Continue reading Statute of Limitations on Mortgage Balance Begins to Run When Lender Demands That Entire Balance be Paid
On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory judgment claim did not start to run until the plaintiff learned that the defendant was repudiating the plaintiff’s rights . . . Continue reading Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights
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
