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Statute of Limitations › CPLR

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

Freiberger Haber LLP on

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Cadwalader, Wickersham & Taft LLP

Stay Just a Little Bit Longer: Not Jackson Browne but the Statute of Limitations

Cadwalader, Wickersham & Taft LLP on

The Second Department recently held  in Trento 67, LLC v. OneWest Bank, N.A., et. al  that the FHA COVID-19 moratorium constituted a stay of foreclosures for federally-backed mortgages, and thus tolled the statute of...more

Epstein Becker & Green

New York’s Highest Court Clarifies Law On “Relation Back” and Statute of Limitations

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The statute of limitations is a powerful threshold defense for defendants in civil litigation.  Article 2 of New York’s Civil Practice Law and Rules (“CPLR”) and other New York statutory provisions set forth deadlines by...more

Jackson Lewis P.C.

New York Legislative Update: Freelancer Protections, Discrimination Claims, Settlement Agreements

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New York Governor Kathy Hochul has signed bills enacting the Freelance Isn’t Free Act, extending the statute of limitations to file a lawsuit alleging unlawful discriminatory practices, and barring the inclusion of liquidated...more

Harris Beach PLLC

Late Answer in New York Results in Snowballed Consequences

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New York’s Appellate Division, Second Department reversed a trial court decision that granted a defendant’s motion to compel acceptance of a late answer. The facts on appeal entailed plaintiff completing service on November...more

Akerman LLP

Challenge to Gowanus Neighborhood Rezoning Dismissed

Akerman LLP on

In a decision and order issued June 27, 2022, Justice Consuelo Mallafre Menendez of the New York State Supreme Court, Kings County, dismissed the challenge to the Gowanus Neighborhood Rezoning filed by the Voice of Gowanus...more

Sheppard Mullin Richter & Hampton LLP

New York Enacts Consumer Credit Fairness Act, Impacting Debt Collection Actions

Sheppard Mullin Richter & Hampton LLP on

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382). The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that...more

Tarter Krinsky & Drogin LLP

New York Tolls Legal Deadlines In Response to COVID-19

Tarter Krinsky & Drogin LLP on

One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8 to extend deadlines “for the...more

Fox Rothschild LLP

N.Y. Amends Law On Recognition Of Foreign Judgments

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Governor Andrew Cuomo signed into law on June 14 legislation that amended Article 53 of the New York Civil Practice Law and Rules (“CPLR”), changing the rules regarding the state’s recognition of foreign money judgments...more

Farrell Fritz, P.C.

General Statement of Indebtedness is Sufficient to Restart Statute of Limitations Despite Ambiguities

Farrell Fritz, P.C. on

The statute of limitations to recover on a breach of contract is six years.  Parties can extend that limitations periods by agreement, and New York General Obligations Law 17-101 governs the form of such agreements. ...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

Farrell Fritz, P.C. on

The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Farrell Fritz, P.C.

How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

Farrell Fritz, P.C. on

Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Decision Illustrates Potential Issues that May Arise in a CPLR Article 52 Turnover Order Proceedings

Patterson Belknap Webb & Tyler LLP on

A party seeking to enforce a judgment against an asset of a judgment debtor that is held by a third party may petition for a turnover order through a special proceeding provided for by CPLR Article 52....more

Farrell Fritz, P.C.

Too Little Too Late: An Example of the Failure of CPLR 306(b)’s Safety Net

Farrell Fritz, P.C. on

A commercial division litigator knows the severity of missing a statutory deadline. We discuss the implications of missing a statutory deadlines here. CPLR 306(b) is unique in that it provides a statutory deadline for service...more

Sheppard Mullin Richter & Hampton LLP

New York Court of Appeals Rules that Civil Securities Fraud Claims Brought Under Martin Act are Subject to Three-Year Statute of...

Sheppard Mullin Richter & Hampton LLP on

In People v. Credit Suisse Securities (USA) LLC, No. 40, 2018 WL 2899299 (N.Y. June 12, 2018), the Court of Appeals for the State of New York ruled that the three-year statute of limitations of Section 214(2) of the New York...more

Vedder Price

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

Vedder Price on

Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

Farrell Fritz, P.C.

Which Statute of Limitations Applies to Your Declaratory Judgment Action?

Farrell Fritz, P.C. on

So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment...more

Locke Lord LLP

New York Appellate Court Reaffirms Avenue For Lenders To Revive Dismissed Cases Following Expiration of Statute of Limitations

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As we get further away from the financial crisis of 2008, the statute of limitations has become a much more asserted and examined defense in mortgage foreclosure actions. Last week, New York’s Appellate Division, Second...more

Sheppard Mullin Richter & Hampton LLP

Executive Order Suspending New York State Statutes of Limitations To Expire on December 25, 2012

Sheppard Mullin Richter & Hampton LLP on

Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012. Executive Order 81 states that “[t]he suspension of provisions of law ordered by Executive Order Number 52...more

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