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 …
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 …
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 …
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], …
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 …
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 …
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 …
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 …
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 …
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 …
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 …