Thursday, July 28, 2016

General Business Law § 349, the statute of limitations, and estoppel.

Practice point:  New York courts apply CPLR 214(2)'s three-year period of limitations for statutory causes of action to General Business Law § 349 claims, and the statute runs from the time when the plaintiff was injured. A defendant is estopped from raising a statute of limitations defense to a statutory cause of action where the plaintiff has alleged both the tort that was the basis of the action and later acts of deception that prevented the plaintiff from bringing a timely lawsuit.

Student note:  A cause of action accrues, triggering the statute of limitations, when all of the factual circumstances necessary to establish a right of action have occurred, so that the plaintiff would be entitled to relief.

Case:  Kainer v. Christie's Inc., NY Slip Op 05454 (1st Dep't July 7, 2016)

Here is the decision.

Tomorrow's issue:  A court's determination as to child support.