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
On July 1, 2022, Justice Crane of the New York County Commercial Division issued a decision in Worldview Entertainment Holdings Inc. v. Woodrow, 2022 NY Slip Op. 32080(U), dismissing third-party claims as time-barred because of the failure to file the third-party summons and complaint . . . Continue reading Third-Party Claims Time-Barred Because of Failure Timely to File the Third-Party Summons and Complaint
On June 21, 2022, Justice Chan of the New York County Commercial Division issued a decision in Deutsche Bank Natl. Trust Co. v. EquiFirst Corp., 2022 NY Slip Op. 31953(U). In this decision, Justice Chan addresses a question left unanswered by the Court of Appeals in Deutsche Bank Natl. Trust Co. v. Barclays Bank PLC, in which it held that the statute of limitations for put-back claims brought by Deutsche Bank National Trust Co. was four years, because that was the statute of limitations for a breach of contract claim in California, where Deutsche Bank National Trust Co. is located. Continue reading Statute of Limitations for a Put-Back Action
