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Pension Committe of the University of Montreal Pension Plan v. Citco Fund Services N.V.

MEMORANDUM OF LAW in Opposition re: 344 MOTION Regarding the Application of CPLR § 214

9 Cited authorities

  1. Fromer v. Yogel

    50 F. Supp. 2d 227 (S.D.N.Y. 1999)   Cited 56 times
    Noting that courts have applied both three-year and six-year limitations periods to negligent misrepresentations claims and concluding that a six-year period applies where the allegations underlying such claims also state causes of action for fraud

  2. In re Argo Communications Corp.

    134 B.R. 776 (Bankr. S.D.N.Y. 1991)   Cited 56 times
    Holding that six-year statute applies to bankruptcy trustee's suit, in name of debtor and for benefit of its creditors, against related corporations for breach of fiduciary duty and corporate waste

  3. Calcutti v. SBU, Inc.

    224 F. Supp. 2d 691 (S.D.N.Y. 2002)   Cited 34 times
    Holding that plaintiff must allege all elements of a claim for legal malpractice set forth by state law in order to defeat a Rule 12(b) motion

  4. Hoffmann v. Prudential Ins. Co. of America

    202 F. Supp. 2d 252 (S.D.N.Y. 2002)   Cited 23 times
    Applying a two-year limitations period running from discovery of the negligent misrepresentation where the claim is "based on the same facts as a claim for fraud"

  5. HSBC Bank USA v. Bond, Schoeneck & King, PLLC

    16 Misc. 3d 813 (N.Y. Sup. Ct. 2007)   Cited 9 times

    No. 2005-11108. June 4, 2007. Simpson Thacher Bartlett LLP (Thomas C. Rice, Paul C. Gluckow and Matthew A. Katz of counsel), for Bond, Schoeneck King, PLLC, defendant. Wolford Leclair LLP (Michael R. Wolford and Christopher D. Lindquist of counsel), for Coughlin Gerhart LLP, defendant. Phillips Lytle LLP (Gary F. Kotaska of counsel), for HSBC Bank USA, plaintiff. Harter Secrest Emery LLP (Kenneth W. Africano of counsel), for Janet S. Bordages and others, plaintiffs. OPINION OF THE COURT JOHN M. CURRAN

  6. Momentive Performance Materials USA, Inc. v. Astrocosmos Metallurgical, Inc.

    659 F. Supp. 2d 332 (N.D.N.Y. 2009)   Cited 5 times

    No. 1:07-CV-567 (FJS/DRH). September 23, 2009 Podvey Meanor, Catenacci, Hildner, Cocoziello Chattman, Robert J. McGuire, Esq., J. Barry Cocoziello, Esq., Anthony M. Rainone, Esq., of Counsel, Newark, NJ, for Plaintiff. Riker, Danzig, Scherer, Hyland Perretti LLP, Harold L. Kofman, Esq., of Counsel, Morristown, NJ, for Defendant AstroCosmos Metallurgical, Inc. MEMORANDUM-DECISION AND ORDER FREDERICK SCULLIN JR., Chief Judge I. INTRODUCTION Currently before the Court is Defendant AstroCosmos Metallurgical

  7. IT Corp. v. Ecology & Environmental Engineering, P. C.

    275 A.D.2d 958 (N.Y. App. Div. 2000)   Cited 7 times

    September 29, 2000. Appeals from Order of Supreme Court, Erie County, NeMoyer, J. — Dismiss Pleading. PRESENT: PIGOTT, JR., P. J., PINE, WISNER, KEHOE AND BALIO, JJ. Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This action stems from a project to remediate the Wellsville Andover Landfill in Allegany County. Defendant, an engineering firm, was retained by the New York State Department of Environmental Conservation (DEC) to

  8. Milin Pharmacy, Inc. v. Cash Register Systems

    173 A.D.2d 686 (N.Y. App. Div. 1991)   Cited 14 times
    Applying CPLR § 213 and citing cases

  9. Fleet Factors Corp. v. Werblin

    114 A.D.2d 996 (N.Y. App. Div. 1985)   Cited 9 times

    November 25, 1985 Appeal from the Supreme Court, Nassau County (Vitale, J.). Order modified, on the law, by deleting so much thereof as denied that branch of defendants' motion which sought to dismiss the fourth, fifth, and sixth causes of action and substituting therefor a provision granting that branch of defendants' motion with leave to the plaintiff to serve an amended complaint. As so modified, order affirmed, without costs or disbursements. In its first three causes of action, plaintiff alleged