Practice point: The Appellate Division affirmed dismissal of the negligence claim, among others, as time-barred. The claim, which alleges a failure to properly record certain mortgages, is governed by CPLR 214(4), a three-year statute of limitations. The mortgages at issue were recorded in 2007, and the claim was not filed until 2014.
Student note: Accrual time is measured from the day the actionable injury occurred, even though the aggrieved party was then ignorant of the injury.
Case: Yarbro v. Wells Fargo Bank, N.A., NY Slip Op 05236 (1st Dep't June 30, 2016)
Here is the decision.
Tomorrow's issue: Attorney-client privilege as to in-house general counsel.