Trifecta of New Decisions Provides Current Authority on Statute of Limitations Principles

The core, basic principles of law governing the civil tort of fraud have not materially changed over time. The elements of the various fraud-based causes of action, the rules pertaining to statute of limitations and all of the related doctrines and permutations remain largely intact. Of course, applying those well-recognized legal principles to the facts of new case scenarios requires constantly-evolving analysis by both lawyers advocating their clients’ positions, and judges who must decide these disputes.

Although the principles of law are largely undisputed, it is generally preferable to cite the latest case decisions reciting those governing principles when arguing cases on behalf of clients, and when rendering the decisions. While they do not proclaim any new legal doctrines, three new decisions in New York’s Appellate Division offer up-to-date authority on the basic principles concerning statute of limitations issues relating to fraud and similar claims.

As is becoming more frequent, undoubtedly because of their heavy caseloads and limited resources, the First and Second Departments of New York’s Appellate Division have been rendering decisions that tend to recite the boilerplate legal principles, but then arrive at determinations without an in-depth analysis of the case facts. As such, little insight or guidance can be gleaned from this format of new decisions. Nevertheless, the decisions do provide up-to-date case authority for the relevant legal doctrines, so being aware of and citing these cases is still useful.

Read the full blog here.