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
Commercial Case Notes / Statute of Limitation/Laches

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 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

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action
Commercial Case Notes / Statute of Limitation/Laches

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action

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

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
Fraud/Misrepresentation / Statute of Limitation/Laches

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials

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

Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Default Judgment / Statute of Limitation/Laches

Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint

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

Plaintiff Entitled to Equitable Tolling Based on Defendant’s Failure to Make Disclosures Required by Insurance Contract
Commercial Case Notes / Statute of Limitation/Laches

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 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

Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period
Commercial Case Notes / Statute of Limitation/Laches

Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period

On March 2, 2023, the First Department issued a decision in Freedom Trust 2011-2 v. HSBC Bank USA, N.A., 2023 NY Slip Op. 01135, holding that tolling agreements can collectively be made for longer than the statute of limitations period so long as each individual agreement does not exceed the limitations period . . . Continue reading Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period