Legal Memorandum: "Continuing Wrongs" Doctrine in NY

Issue: What is the proper application of the ‘continuing wrongs’ doctrine in New York? ![AOL: Litigation Practice and Procedure

Area of Law: Business Organizations & Contracts, Litigation & Procedure, Personal Injury & Negligence
Keywords: Continuing wrongs; Limitations period
Jurisdiction: New York
Cited Cases: 706 N.Y.S.2d 439; 854 N.Y.S.2d 52; 271 A.D.2d 558
Cited Statutes: None
Date: 04/01/2013

Barash v. Estate of Sperlin, 271 A.D.2d 558, 706 N.Y.S.2d 439 (2d Dep't 2000) (wrongfully withholding profits from co-owned property is a continuing wrong for which limitations period accrued each time defendants collected income and failed to pay plaintiff his percentage)

Kaymakcian v. Bd. of Managers of Charles House Condo., 49 A.D.3d 407, 854 N.Y.S.2d 52 (1st Dep’t 2008) (reversing summary judgment in breach of fiduciary duty case involving more specific 3-year limitations period for claim; failure to repair apartment terrace—a common element of the building—was a continuing wrong; limitations period was not based exclusively on day original wrong occurred; continuing duty to repair common elements kept limitations period alive)


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