On July 16, 2025, the Second Department issued a decision in Angel v. Strulovich, 2025 NY Slip Op. 04150, holding that the limitations period for a claim for a constructive trust based on conversion is three years . . . Continue reading Limitations Period for Constructive Trust Based on Conversion of Funds is Three Years
On July 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Universal Remote Control, Inc. v. ADP Totalsource, Inc., 2025 NY Slip Op. 51080(U), holding Continue reading Breach of Fiduciary Duty Claim Based on Fraud Has Six-Year Limitations Period
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
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
On March 18, 2025, the First Department issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2025 NY Slip Op. 01573, holding that equitable estoppel cannot be based on the same misconduct as the claim that was asserted . . . . Continue reading Equitable Estoppel Cannot be Based on Same Misconduct as Claim Asserted
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
On January 30, 2025, the First Department issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2025 NY Slip Op. 00481, holding that amended Continue reading Claims Do Not Relate Back When They Relate to Different Facts and Duties
On February 4, 2025, the First Department issued a decision in Lazar v. Mor, 2025 NY Slip Op. 00630, holding that amended claims related back to the original complaint even though they involved new causes of action . . . Continue reading Amended Claims Related Back to Original Complaint Even Though They Related to New Causes of Action
On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Continue reading Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim
On December 11, 2024, the Second Department issued a decision in R & G Brenner Income Tax Consultants v. Gilmartin, 2024 NY Slip Op. 06229, holding that counterclaims that relate to the plaintiff’s claims are not time-barred . . . Continue reading Counterclaims the Relate to Claims Not Time-Barred
