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
On August 7, 2024, the Second Department issued a decision in Comito v. Z & N Enters. Corp., 2024 NY Slip Op. 04124, holding that by making a mortgage payment, a borrower revived the statute of limitations on a claim for failure to pay the mortgage . . . Continue reading Mortgage Payment Revived Statute of Limitations on Defaulted Mortgage
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
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
On May 10, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Idi v. Sela, 2024 NY Slip Op. 31679(U), holding that an accounting claim based on a breach of fiduciary duty has a three-year limitations period . . . Continue reading Accounting Claim Based on Breach of Fiduciary Duty Has Three-Year Limitations Period
On May 8, 2024, the Second Department issued a decision in Receivable Collection Servs., LLC v. Nassau County, 2024 NY Slip Op. 02551, holding that a contract term that decreased the limitations period to bring a claim was enforceable . . . Continue reading Contract Term Decreasing Limitations Period to Bring Claim Enforceable
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
On February 9, 2024, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Techs. Group, Inc., 2024 NY Slip Op. 30456(U), holding that the continuing wrong doctrine defeated a statute of limitations defense . . . Continue reading Continuing Wrong Doctrine Defeats Statute of Limitations Argument
On February 2, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Soloway v. The CIM Group, 2024 NY Slip Op. 30377(U), holding that a claim was not time-barred because the fiduciary’s continuing failure to act was a continuing breach . . . Continue reading Claim Not Time-Barred Because Fiduciary’s Continuing Failure to Act Was Continuing Breach
On February 1, 2024, the First Department issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2024 NY Slip Op. 00450, holding that the six-year statute of limitations applies to a breach of fiduciary claim based on fraud . . . Continue reading Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claim Based on Fraud
