On August 15, 2024, the First Department issued a decision in Hai-2, LLC v. Blackrock Fin. Mgt., Inc., 2024 NY Slip Op. 04226, holding that under the continuing wrong doctrine, a new claim accrued each time the defendant failed to make a quarterly payment, explaining:
[W]e find that the claim filed on November 19, 2018 is timely under the continuing wrong doctrine insofar as it seeks a share of defendant’s fees on postredemption transactions that were earned by defendant on various occasions after November 19, 2012, but not shared due to defendant’s various breaches of the fee-share obligation that arose quarterly.
(Internal quotations and citations omitted).