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: Tolling
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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], …
Second Department Tolls Seven Years of Mortgage Interest Due to Lender’s “Unexplained Delay” in the Prosecution of its Foreclosure Action
- Jul 1 2022
By Jonathan H. Freiberger In our January 14, 2022, Blog Article entitled: “Don’t Let Undue Delay Cause You to Lose Your Interest in Interest”, we discussed, inter alia, the court’s …
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 …
Don’t Let Undue Delay Cause You to Lose Your Interest in Interest
- Jan 14 2022
By Jonathan H. Freiberger A significant part of a mortgage foreclosure action is the calculation of the sums due and owing to the lender. The task of computing the amount …
SECOND DEPARTMENT HOLDS THAT GOVERNOR CUOMO’S COVID-19 EXECUTIVE ORDERS CONSTITUTE A TOLL, AND NOT A SUSPENSION, OF FILING DEADLINES
- Jun 4 2021
It is an understatement to say that the impact of the COVID-19 pandemic on all aspects of life was far reaching. This Blog has written numerous articles specifically addressing the …
Renewal Contracts, Breach of Fiduciary Duty and the Continuing Wrong Doctrine
- May 8 2020
Statutes of limitations limit the time within which a defendant can be held liability for all types of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations …
Fraudulent Inducement, Breach of Fiduciary Duty, Statute of Limitations, The Continuing Wrong Doctrine and A Whole Lot More
- Mar 23 2020
Sometimes this Blog gets to address numerous issues in its examination of a case. In MDK Hijos Trust v. Nordlicht, 2020 N.Y. Slip Op. 30793(U) (Sup. Ct., N.Y. County Mar. …
REVIVE A TIME-BARRED CLAIM USING § 17-101 OF NEW YORK’S GENERAL OBLIGATIONS LAW
- Feb 28 2020
In general, statutes of limitation govern the time in which a cause of action must be interposed after accrual. [This BLOG has previously addressed Statute of Limitations issues [HERE] and …
In Case of First Impression, New York Court of Appeals Holds that Bankruptcy Stay is a “Statutory Prohibition” Under CPLR 204(a) and That the Toll of CPLR 204(a) Applies to Actions Already Commenced
- Nov 29 2019
Statutes of limitations, which are a critical part of litigation, are designed to prevent litigants from sitting on their rights. A brief primer on New York’s Statute of Limitations, is …
