On December 9, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Nelson Bros. W. Seneca, LLC v. Kaplan, 2022 NY Slip Op. 34240(U), holding that a pre-breach agreement to waive the statute of limitations is unenforceable . . . Continue reading Pre-Breach Agreement to Waive Statute of Limitations Unenforceable
On December 22, 2022, the First Department issued a decision in Continental Indus. Group, Inc. v. Ustuntas, 2022 NY Slip Op. 07294, holding that a theft of trade secrets claim accrues when a plaintiff is damaged, not when the theft occurs . . . Continue reading Statute of Limitations for Theft of Trade Secrets Accrues When Plaintiff is Damaged, Not When Theft Occurs
On November 23, 2022, the Second Department issued a decision in LaSalle Bank, NA v. Ferrari, 2022 NY Slip Op. 06699, denying plaintiff an extension of time to serve due to lack of due diligence . . . Continue reading Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
On November 17, 2022, the Court of Appeals issued a decision in Federal Natl. Mtge. Assn. v. Jeanty, 2022 NY Slip Op. 06539, holding that making mortgage payments is an acknowledgement of a debt that restarts the running of the statute of limitations . . . Continue reading Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations
On October 18, 2022, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2022 NY Slip Op. 05819, holding that CPLR 205(a) relation back does not apply to claims that were voluntarily dismissed . . . Continue reading CPLR 205(a) Relation Back Does Not Apply to Claims That Were Voluntarily Dismissed
On September 6, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Trump Vil. Section 4, Inc. v. Lawless & Mangione Architects Engrs. LLP, 2022 NY Slip Op. 33159(U), holding that a breach of contract action was duplicative to a time-barred malpractice action . . . Continue reading Breach of Contract Action Duplicative of Malpractice Action
On October 4, 2022, the First Department issued a decision in APR Energy Holdings Ltd. v. Deloitte Tax LLP, 2022 NY Slip Op. 05496, enforcing the terms of an engagement letter shortening the time in which to bring a malpractice action . . . Continue reading Court Enforces Engagement Letter Terms Shortening Time in Which to Bring Malpractice Claim
On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs. LLC v. 33 Nevins St LLC, 2022 NY Slip Op. 32777(U), holding that New York’s pandemic executive orders tolled a plaintiff’s time to serve the summons and complaint . . . Continue reading New York Pandemic Executive Orders Tolled Time to Serve
On July 7, 2022, Justice Masley of the New York County Commercial Division issued a decision in 333 E. 91st St. Owners Corp. v 1765 First Ave. Assoc., LLC, 2022 NY Slip Op. 32189(U), analyzing the application of the continuing wrong doctrine . . . Continue reading Court Analyzes Application of Continuing Wrong Doctrine
On July 8, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Apollo Global Mgt., Inc v. Cernich, 2022 NY Slip Op. 32187(U), applying a six-year statute of limitations to a claim for aiding and abetting a breach of fiduciary duty because the aiding and abetting involved fraud . . . Continue reading Court Applies Six Year Statute of Limitations to Claim for Aiding and Abetting Breach of Fiduciary Duty
