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
On January 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Lazar v. Mor, 2024 NY Slip Op. 30128(U), holding that claims in an amended complaint related back to the original complaint because the original complaint described the transactions and occurrences upon which the new causes of action were based . . . Continue reading New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based
On January 11, 2024, the First Department issued a decision in 1400 Ardel Constr. & Design Group, Inc. v. VBG 990 AOA, LLC, 2024 NY Slip Op. 00122, holding that the trial court erred in denying a motion for more time to serve, noting, among other things, the expiration of the statute of limitations . . . Continue reading Court Erred in Denying More Time to Serve Defendant
On December 6, 2023, Justice Grays of the Queens County Commercial Division issued a decision in Pennymac Corp. v. Erneste, 2023 NY Slip Op. 23411, rejecting a constitutional challenge to New York’s Foreclosure Abuse Prevention Act . . . Continue reading Court Reject Constitutional Challenge to Foreclosure Abuse Prevention Act
On December 12, 2023, the First Department issued a decision in IKB Intl., S.A. v. Wells Fargo Bank, N.A., 2023 NY Slip Op. 06333, holding that the location of the accrual of assigned claims for borrowing statute purposes was the location of the assignor . . . Continue reading Location of Accrual of Assigned Claims for Borrowing Statute Purposes is Location of Assignor
On November 8, 2023, the Second Department issued a decision in Five Star Elec. Corp. v. Skanska USA Bldg., Inc., 2023 NY Slip Op. 05588, holding that a claim for failure to pay did not accrue until the condition requiring payment was met . . . Continue reading Claim For Failure to Pay Did Not Accrue Until Condition Requiring Payment Was Met
On October 24, 2023, the Court of Appeals issued a decision in Matter of Nemeth v. K-Tooling, 2023 NY Slip Op. 05349, holding that relation back may apply to claims against a new party even when the plaintiff was aware of that party’s existence when the initial complaint was filed . . . Continue reading Relation Back May Apply to Claims Against a New Party Even When the Plaintiff Was Aware of the Existence of the New Party When Filing the Initial Complaint
On August 9, 2023, the Second Department issued a decision in Statharos v. Statharos, 2023 NY Slip Op. 04226, holding that when a breach of fiduciary claim is based on fraud, the statute of limitation is that of fraud . . . Continue reading When Breach of Fiduciary Duty Claim is Based on Fraud, The Statute of Limitations is That of Fraud
