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.
