8 Cited authorities

ACE Securities Corp. v. DB Structured Products, Inc.
112 A.D.3d 522 (N.Y. App. Div. 2013) Cited 82 times 3 Legal Analyses
Holding that plaintiff's breach of representations and warranties claims relating to mortgage loans sold to plaintiff by defendant were untimely because "the claims accrued on the closing date of the [mortgage loan purchase agreement], . . . when any breach of the representations and warranties contained therein occurred"
Flanagan v. Mt. Eden Gen. Hosp
24 N.Y.2d 427 (N.Y. 1969) Cited 225 times
Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"
Policemen's Annuity & Benefit Fund v. Bank of America, NA
907 F. Supp. 2d 536 (S.D.N.Y. 2012) Cited 26 times
Holding that the representative class plaintiff "only ha[d] standing as to the five [t]rusts in which it purchased certificates," and no others
Old Colony Trust Co. v. Omaha
230 U.S. 100 (1913) Cited 158 times
Stating "practical interpretation of a contract by the parties to it for any considerable period of time before it comes to be the subject of controversy is deemed great, if not controlling, influence"
Thur v. IPCO Corp.
173 A.D.2d 344 (N.Y. App. Div. 1991) Cited 16 times
Stating that plaintiff's actions are "evidence of at least the existence of triable issues of fact that the parties intended the restrictive covenant to commence only upon plaintiff's final termination of employment"
Riddlesbarger v. Hartford Insurance Co.
74 U.S. 386 (1868) Cited 67 times
Finding “nothing in th[e] language or object [of statutes of limitations] which inhibits parties from stipulating for a shorter period within which to assert their respective claims”
Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract
Cal. Code Civ. Proc. § 337 Cited 1,684 times 5 Legal Analyses
Governing rescissions of written contracts
Section 8106 - Actions subject to 3-year limitation
Del. Code tit. 10 § 8106 Cited 837 times 12 Legal Analyses
Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"

ACE Securities Corp.,, Appellant,v.DB Structured Products, Inc., Respondent.

8 Cited authorities

Holding that the representative class plaintiff "only ha[d] standing as to the five [t]rusts in which it purchased certificates," and no others

Stating "practical interpretation of a contract by the parties to it for any considerable period of time before it comes to be the subject of controversy is deemed great, if not controlling, influence"

Stating that plaintiff's actions are "evidence of at least the existence of triable issues of fact that the parties intended the restrictive covenant to commence only upon plaintiff's final termination of employment"

Finding “nothing in th[e] language or object [of statutes of limitations] which inhibits parties from stipulating for a shorter period within which to assert their respective claims”

Governing rescissions of written contracts

Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"