Tolling and The Continuing Wrong Doctrine
- Jul 18 2022
By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations. Statutes of limitations restrict …
Category: Statute of Limitations
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Not Another Article on RPAPL 1304
- Jul 15 2022
By Jonathan H. Freiberger I say it all the time and I’m going to say it again, the readers of this Blog know that we frequently discuss numerous aspects of …
Second Department Addresses the Impact of Bankruptcy Stay Tolling on Statute Of Limitations Calculations in Mortgage Foreclosure Action
- Jul 8 2022
By Jonathan H. Freiberger This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those related specifically to limitations periods (see, e.g., [here], [here], [here], …
Court of Appeals Holds that the Saving Provision of CPLR 205(a) Only Applies Where the Second Action is Brought by the Same Plaintiff or an Estate Representative of the Original Plaintiff as the First Action
- Jun 21 2022
By Jonathan H. Freiberger When an action is timely commenced but gets dismissed, CPLR 205(a) may permit a plaintiff to commence a new action within six months of the dismissal …
Whose Law Applies Anyway?
- Jun 8 2022
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
Court of Appeals Holds that GOL-17-105 is the Sole Statute Governing the Tolling or Revival of the Statute of Limitations for an Action Pursuant to RPAPL §1501(4)
- May 27 2022
By Jonathan H. Freiberger On May 24, 2022, the New York Court of Appeals decided Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., and held that …
Fourth Department Applies the Common-Law “Partial Payment Exception”, which Starts the Statute of Limitations on a Mortgage Foreclosure Action to Run Anew
- Apr 29 2022
By Jonathan H. Freiberger Statute of limitations issues frequently arises in mortgage foreclosure actions. This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those …
Revive a Time-Barred Claim in a Mortgage Foreclosure Action Using § 17-105(1) of New York’s General Obligation Law
- Nov 19 2021
By Jonathan H. Freiberger In this Blog’s article entitled: “Revive a Time-Barred Claim Using § 17-101 of New York’s General Obligations Law,” we discussed the general purpose of statutes of …
“‘John Doe’ and the Statute of Limitations” May be the Worst Name for a Rock Band
- Aug 6 2021
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
Extensions of Time to Serve Process Under CPLR 306-b Revisited
- Jul 2 2021
Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE] and [HERE]. The background discussion in today’s Blog …
