"This Action Is Not Barred By the Statute of Limitations"
"This action is not barred by the statute of limitations, and should be permitted to proceed. As laid out in the Complaint, there have been a series of wrongs on the part of Defendants, over the course of years, which establish their bad faith and lack of fair dealing with Plaintiff. Based upon the continuing wrongs, the causes of action were properly brought within the statute of limitations period."Breach of fiduciary duty may constitute a continuing wrong that “is not referable exclusively to the day the original wrong was committed.” Kaymakcian v. Board of Managers of Charles House Condominium, 49 AD3d 407, 854 NYS2d 52 [1 Dept. 2008] (denying dismissal of the breach of fiduciary duty claim as time-barred where board had a continuing duty to repair leaks in building’s limited common elements); 1050 Tenants Corp. v. Lapidus, 289 AD2d 145, 146, 735 NYS2d 47 [1 Dept. 2001].
The continuing wrong doctrine applied to breach of fiduciary duty limits monetary damages to three years from the commencement of the action. See Kaufman v. Cohen, 307 AD2d 113, 118, 760 NYS2d 157 [1 Dept. 2003]; CPLR 214[4].
by Richard A. Klass, Esq.
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copyr. 2012 Richard A. Klass, Esq.
The firm's website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions.
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