Category: Statute of Limitation/Laches

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 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

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 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