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Time Barred Claims – When Is It Too Late to Sue Under GBL §349?
A court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 […]
Contract Interpretation and the Parole Evidence Rule
When a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the Parole Evidence Rule to determine contradictory intent from within the four corners of the document […]
Time Barred Claims – When Is It Too Late to Sue Under GBL §349?
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninA court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 […]
Contract Interpretation and the Parole Evidence Rule
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninWhen a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the Parole Evidence Rule to determine contradictory intent from within the four corners of the document […]