"Ilan Properties, Inc. v. Benishai: Breach of Fiduciary Duty Claims and the Continuing Wrong Doctrine" By Matthew Marcucci

This blog previously has addressed the statute of limitations, a concept that has special significance for breach of fiduciary duty claims. Whether a fiduciary-duty claim is timely is highly fact-dependent and not always clear-cut. For that reason, plaintiffs’ lawyers often get creative in trying to salvage an otherwise viable fiduciary-duty claim that is on the brink of expiring. Indeed, the frequency with which statue-of-limitations questions are litigated at the appellate level shows how important it is for plaintiffs’ lawyers to master this concept. The continuing wrong doctrine, which was the subject of a recent decision of the Appellate Division, First Department involving a real-estate financing dispute, Ilan Properties, Inc. v. Benishai, 205 A.D.3d 541 (1st Dep’t 2022), is one important way that plaintiffs can try to extend their time to bring a fiduciary duty claim.

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