Follow-up: Freedom Mortgage Corp. v. Engel
- Oct 22 2021
By Jonathan H. Freiberger In its February 20, 2021, article entitled: “The New York Court of Appeals Decides Four Cases, In One Opinion, Addressing and Clarifying Issues Related to the …
Search Results: "statute limitations foreclosure"
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 …
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 …
SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
- Mar 12 2021
Disclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. In general, there “shall be full disclosure of all matters material …
The Saving Provisions of CPLR 205(a)
- Mar 5 2021
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT
- Feb 5 2021
[EDITOR’S NOTE. On February 18, 2021, the New York Court of Appeals decided Freedom Mortgage Corp. v. Engel, in which it, inter alia, expressly rejected the “pretextual de-acceleration” theory. This …
REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
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 …
Extensions of Time to Serve Process Under CPLR 306-b
- Oct 25 2019
Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …
