Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach
Commercial Case Notes / Statute of Limitation/Laches

Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

On May 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Irma C. Pollack LLC v. OP Dev. Corp., 2022 NY Slip Op. 31541(U), holding that where a defendant had a continuing duty to act, the statute of limitations for breaching that duty starts anew each day the defendant is in breach . . . Continue reading Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived
Commercial Case Notes / Contracts / Statute of Limitation/Laches

GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived

On May 24, 2022, the Court of Appeals issued a decision in Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., 2022 NY Slip Op 03361, holding that GOL 17-105, not GOL 17-101, governs whether the statute of limitations has been tolled or revived in an action to foreclose a mortgage . . . Continue reading GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived

Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely
Commercial Case Notes / Statute of Limitation/Laches

Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely

On January 6, 2022, the First Department issued a decision in Morgan & Mendel Genomics, Inc. v. Amster Rothstein & Ebenstein, LLP, 2022 NY Slip Op. 00048, holding that a client’s claim against its lawyers for failing timely to file a patent application accrues when the client’s application becomes untimely . . . Continue reading Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely