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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Statute of Limitations

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Statute of Frauds is Not a Bar to Russian Oligarch’s Claims Against Fellow Russian Billionaire Investors Over Breach of Joint Venture Agreement

Posted in Arbitration, Breach of Contract, Breach of Fiduciary Duty, Fraud, Motion to Dismiss, New York, Preliminary Injunction, Scarpulla, Saliann, Statute of Limitations

In a December 2, 2015 Commercial Division decision by Justice Scarpulla, the court consolidated and decided the defendants’ motion to dismiss the amended complaint and the plaintiff’s motion seeking a preliminary injunction to restrain the defendants from pursuing arbitration in London and from commencing any other foreign proceeding.

Statute of Limitations Begins Tolling at Closing of Pooling and Servicing Agreement in Residential Mortgage Backed Securities Put-Back Action, Despite Different Accrual Provision in Parties’ Private Contract

Posted in Banking, Breach of Contract, Financial services, Kornreich, Shirley Werner, Motion to Dismiss, New York, Statute of Limitations

In a September 18, 2015, Commercial Division decision by Justice Kornreich, the court granted the defendants’ consolidated motions to dismiss a Complaint pursuant to CPLR 3211, based on the defense that Plaintiff’s put-back claims were time barred. 

Commercial Division Rules Judgment as a Matter of Law Appropriate on Some, But Not All Causes of Action

Posted in Breach of Contract, Estoppel, Legal, Malpractice, Pines, Emily, Statute of Limitations, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment

  In an August 18, 2015 Commercial Division decision by Justice Pines, the court granted in part the defendants’ motion for judgment as a matter of law dismissing various causes of action asserted against them.

First Department Affirms Denial of Proskauer Rose’s Motion to Dismiss Malpractice Claim Arising From Allegedly Deficient Tax Advice

Posted in 1st Dept, Legal, Malpractice, Motion to Dismiss, Statute of Limitations

In a decision dated July 2, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division denying the defendant Proskauer Rose’s motion to dismiss the first cause of action, which alleged legal malpractice against the law firm.

Continuing-Wrong Doctrine Applies to Extend Statute of Limitations for Breach of Contract Claims against Town of Brookhaven Related to Development of Telecommunications Towers

Posted in Emerson, Elizabeth, Statute of Limitations, Suffolk, Telecommunications

In a July 29, 2015 Commercial Division decision by Justice Emmerson, the court granted the defendant Town of Brookhaven’s motion for reargument and, on reargument adhered to its prior decision which denied in part the Town’s motion for summary judgment seeking dismissal of the claims asserted against the Town based on the statute of limitations.

Dismissal of Claims Brought Five Years Too Late and Award of Attorney’s Fees for Plaintiff’s Frivolous Conduct in Commencing Action Affirmed by Second Department

Posted in 2d Dept, Attorneys' Fees, Construction, Motion to Dismiss, Statute of Limitations

In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division, which granted the defendants’ motion to dismiss the complaint and for an award of attorney’s fees pursuant to 22 NYCRR 130-1.1.

Plaintiff Escapes Three-Year Limitations Period for Accounting Malpractice by Alleging Intentional Misconduct in Support of Claims for Breach of Contract and Fraud

Posted in Accounting, Albany, Breach of Contract, Breach of Fiduciary Duty, Fraud, Malpractice, Motion to Dismiss, Platkin, Richard, Statute of Limitations, Uncategorized, Unjust Enrichment

In a March 6, 2015, Albany County Commercial Division decision by Justice Platkin, the court granted in part and denied in part defendant-accounting firm’s (the “Firm’s”) motion to dismiss plaintiff-New York Worker’s Compensation Board’s (the “Board’s”) action alleging inadequate and improper accounting services.

CISG Preemption of State Law Contract Claim Does Not Compel Dismissal of that Cause of Action

Posted in Breach of Contract, Manufacturing, Motion to Dismiss, Pines, Emily, Statute of Limitations, Suffolk

In a March 12, 2015, Commercial Division decision by Justice Pines, the court denied dismissal of a breach of contract cause of action. In this case, plaintiff U.S. Nonwovens Corp. (“Plaintiff”) entered into an agreement with defendant Nuspark Engineering Corp. (“Nuspark”) for the purchase of a custom automatic filling and sealing machine (“Auto Tubber”) for… Continue Reading

Purported Debt Acknowledgment Submitted at Oral Argument Insufficient to Restart Limitations Period in Opposition to Dismissal Motion

Posted in 2d Dept, Attorneys' Fees, Breach of Contract, Construction, Motion to Dismiss, Statute of Limitations, Unjust Enrichment

In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division granting defendant-developers’ motion to dismiss as time-barred plaintiff-contractor’s claims for breach of contract and unjust enrichment.

Champerty Defense in Action Against Morgan Stanley Arising Out of Purchase of Mortgage Backed Securities Rejected

Posted in Banking, Fraud, Friedman, JSC, Marcy S., Motion to Dismiss, New York, Statute of Limitations

In an October 28, 2014 Commercial Division decision by Justice Friedman, the court granted in part, and denied in part, Morgan Stanley’s motion to dismiss a fraud action.  The action was brought by plaintiff IKB International S.A. in Liquidation, alleging fraud on the part of Morgan Stanley in connection with the purchase of residential mortgage… Continue Reading

Citigroup’s Motion to Dismiss RMBS-related Claims Held in Abeyance Pending Hearing on Foreign Statute of Limitations

Posted in CPLR 3211, Financial services, Fraud, Misrepresentation, Motion to Dismiss, Negligence, New York, Ramos, Charles E., Statute of Limitations

In a September 8, 2014 Commercial Division decision by Justice Ramos, the court held in abeyance the defendants’ motion to dismiss pending hearing. The case arose from yet another real estate mortgage backed securities (RMBS) transaction gone wrong, in this instance between the plaintiff Deutsche as the purchaser of $362 million of mortgage loan pass… Continue Reading

Plaintiff Awarded Summary Judgment on Legal Malpractice Claim Against Cadwalader

Posted in Discovery, Legal Malpractice, Malpractice, Negligence, New York, Schweitzer, Melvin L., Statute of Limitations, Summary Judgment

In an August 27, 2013 Commercial Division decision by Justice Schweitzer, the court granted Plaintiff Red Zone’s motion for summary judgment on claims for legal malpractice, and denied Defendant Cadwalader’s cross-motion for summary judgment on the same claim.  Cadwalader advised Red Zone concerning Red Zone’s dealings with investment bank UBS regarding a potential acquisition of… Continue Reading

Commercial Division Upholds in Part and Dismisses in Part Legal Malpractice Claims Against Kenyon & Kenyon For the Filing of Patent Applications that Were Ultimately Rejected by Foreign Patent Offices

Posted in Erie, Malpractice, Statute of Limitations, Summary Judgment, Walker, Timothy J., Wholesale

In a June 17, 2014 decision by Justice Walker, the Commercial Division considered cross-motions for summary judgment in the context of legal malpractice claims asserted by Rich Products Corp. (“Rich”), a major food supplier, against its longtime patent counsel Kenyon & Kenyon, LLP (“KK”).  In short, Rich alleged that KK committed malpractice in connection with… Continue Reading

Real Estate Investor’s Claims Time-Barred, Was Aware for Over Six Years of Lack of Development and Pre-Sales

Posted in Breach of Contract, CPLR 302, Demarest, Carolyn E., Fraud, Kings, Motion to Dismiss, Personal Jurisdiction, Real estate, Statute of Limitations, Telecommunications, Unjust Enrichment

In a June 12, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant LLCs’ motion to dismiss.  Plaintiff alleged he was approached by an individual defendant, a director and member of the two defendant LLCs, to invest in real estate in the Republic of Georgia, but that the real state was never… Continue Reading

Forum Non Conveniens is Basis for Dismissal of Korean Company’s Suit against UBS Related to Lost Investment in Credit-Linked Notes

Posted in Breach of Contract, CPLR 3211, Failure to State a Claim, Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York, Ramos, Charles E., Statute of Limitations, Unjust Enrichment

In a May 16, 2014 Commercial Division decision by Justice Ramos, the court granted the defendant’s motion to dismiss.The plaintiff, a Korean company, brought the action to recover $30 million in losses it suffered through its investment in credit-linked notes that the defendant created, arranged, marketed and sold. After it suffered the loss, the plaintiff… Continue Reading

MBS Claims Not Barred By German Statute of Limitations

Posted in Banking, CPLR 3211, Discovery, Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York, Rescission, Schweitzer, Melvin L., Statute of Limitations

In a November 26, 2013 Commercial Division decision by Justice Schweitzer, the Court partially granted a motion to dismiss claims arising from a residential mortgage backed securities offering.  The plaintiff brought claims sounding in fraud, fraudulent concealment, negligent misrepresentation, and aiding and abetting fraud.  Defendants moved to dismiss for failure to state a cause of… Continue Reading

Contractual “Best-Efforts” Obligation Enforceable in Absence of Contractual Standards Where External Circumstances Provide Meaning to Phrase

Posted in Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3211, Demarest, Carolyn E., Documentary Evidence, Failure to State a Claim, Fraud, Kings, Motion to Dismiss, Real estate, Statute of Limitations

In a May 13, 2014, Kings County Commercial Division decision by Justice Demarest, the court granted in part and denied in part defendant-sponsor’s motion to dismiss plaintiff-condominium board’s action for breach of contract, fraud, and fraudulent conveyance under New York’s Debit and Creditor Law (“DCL”). Factual Background Defendant purchased a Brooklyn industrial building with plans… Continue Reading

Deceased Lawyer’s Estate Granted Summary Judgment in Suit to Recover on Loans Made to Former Client

Posted in Breach of Fiduciary Duty, CPLR 3211, Demarest, Carolyn E., Kings, Legal, Malpractice, Motion to Dismiss, Statute of Limitations, Summary Judgment, Summary Judgment in lieu of Complaint

In a May 27, 2014 Commercial Division decision by Justice Demarest, the court granted the plaintiff’s renewed motion for summary judgment and granted the plaintiff’s motion to dismiss the defendants’ affirmative defenses and counterclaims. The action, originally commenced as a motion for summary judgment in lieu of complaint, arose from the defendants’ alleged failure to… Continue Reading

Court Applies Dutch Statute-of-Limitations Law to RMBS Case, Finds Issue of Fact

Posted in Aiding and Abetting, Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York, Schweitzer, Melvin L., Statute of Limitations

In a November 30, 2012 Commercial Division decision by Justice Schweitzer, the Court granted in part and denied in part a motion to dismiss the complaint of Plaintiff Dutch pension fund (“ABP”) by Defendant issuer of residential mortgage-backed securities (“Credit Suisse”).  ABP alleged it relied on a series of fraudulent misstatements made by Credit Suisse… Continue Reading

RMBS Certificate Purchaser’s Claims Against Goldman Sachs Survive Motion to Dismiss

Posted in Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York, Rescission, Schweitzer, Melvin L., Statute of Limitations

In a November 26, 2013 Commercial Division decision by Justice Schweitzer, the Court granted in part and denied in part Defendants’ motion to dismiss the claims of Plaintiff, a German purchaser of residential mortgage-backed security certificates from Defendants.  Plaintiff asserted causes of action premised on allegations that Defendants knew that metrics and representations they made… Continue Reading

Court Denies Motion for Summary Judgment in Lieu of Complaint Based on Breach of Fiduciary Duty Defense Raised in Opposition

Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 3213, Demarest, Carolyn E., Kings, Legal, Legal Malpractice, Promissory Note, Real estate, Statute of Limitations, Summary Judgment, Summary Judgment in lieu of Complaint

In an October 29, 2014, Kings County Commercial Division decision by Justice Demarest, the court denied plaintiff’s motion for summary judgment in lieu of complaint based on an alleged default on a mortgage note.  Plaintiff-attorney made three loans to defendant-client in connection with the purchase and financing of a building.  The court denied plaintiff’s motion… Continue Reading

Contract Claim Governed by UCC, Thus Shorter Statute of Limitations Leads to Dismissal: Corona Treasures LLC v Star Home Designs, LLC

Posted in Breach of Contract, Conversion, Fraud, Kings, Manufacturing, Schmidt, David I., Statute of Limitations, Unjust Enrichment

In a December 11, 2013 Commercial Division decision by Justice Schmidt, the Court dismissed claims for breach of contract, unjust enrichment, conversion, fraud and fraudulent concealment in an action brought by a buyer to recover damages for defective goods purchased.  The Court concluded that since the action was one for “goods sold and delivered,” it… Continue Reading

Untimely Claims Dismissed and Remainder of Action Stayed In Favor of Arbitration

Posted in Arbitration, Breach of Contract, Breach of Fiduciary Duty, Conversion, Entertainment, Fraud, New York, Ramos, Charles E., Statute of Limitations, Unjust Enrichment

In a December 2, 2013 Commercial Division decision by Justice Ramos, the court dismissed a number of claims and stayed the remaining claims so that the parties could arbitrate their dispute.  The parties’ dispute arose from the operation of a restaurant.  Certain of the defendants moved to dismiss based on the applicable statute of limitations. … Continue Reading