In Southgate Owners Corp. v. Esposito, 2025 N.Y. Slip Op. 32750(U) (Sup. Ct., N.Y. County July 24, 2025) (here), plaintiff sued defendant, a shareholder in its cooperative building, seeking a declaratory judgment that 80...more
In today’s fraud notes, we examine two cases: K.M. v. Ursuline School of New Rochelle, 2025 N.Y. Slip Op. 04643 (2d Dept. Aug. 13, 2025) (here), and Three C, LLC v. City Settlement Serv., Inc., 2025 N.Y. Slip Op. 04678 (Aug....more
In New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that the courts and the parties can look to. “Rather, the choice of...more
Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more
10/28/2024
/ Breach of Duty ,
Damages ,
Declaratory Relief ,
Enforcement Actions ,
Fiduciary Duty ,
Fraud ,
Liability ,
Partnerships ,
Repudiation ,
Statute of Limitations ,
Tax Returns ,
Time-Barred Claims ,
Willful Misconduct
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
“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes.
Following discovery, “A” learns that “C” played a material role in the facts and...more