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
On July 19, 2023, the Second Department issued a decision in Sperry Assoc. Fed. Credit Union v. John, 2023 NY Slip Op. 03880, holding that relation back under CPLR 205-a was available for claims dismissed in favor of a prior pending action . . . Continue reading Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action
On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
On May 4, 2023, the First Department issued a decision in MRE Tech. Solutions LLC v. Smiths Detection, Inc., 2023 NY Slip Op. 02387, holding that refusing to negotiate was an insufficient basis for equitable estoppel . . . Continue reading Refusing to Negotiate Insufficient Basis for Equitable Estoppel
On March 29, 2023, the Second Department issued a decision in Blue Lagoon, LLC v. Reisman, 2023 NY Slip Op. 01657, holding that the Governor’s COVID orders tolled the time to respond to a motion for summary judgment in lieu of complaint . . . Continue reading Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
On March 30, 2023, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2023 NY Slip Op. 01742, holding that a plaintiff was entitled to equitable tolling based on a defendant’s failure to make disclosures required by an insurance contract . . . Continue reading Plaintiff Entitled to Equitable Tolling Based on Defendant’s Failure to Make Disclosures Required by Insurance Contract
On March 30, 2023, the First Department issued a decision in MLRN LLC v. U.S. Bank, N.A., 2023 NY Slip Op. 01748, deciding several issues relating to investor claims against RMBS trustees. Continue reading First Department Issues New Decision Relating to Claims Against RMBS Trustees
On March 8, 2023, the First Department heard argument on the appeal in MLRN v. U.S. Bank. Continue reading First Department Hears Appeal in MLRN v. U.S. Bank
