Tuesday, July 19, 2016

A time-barred negligene claim.

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.