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Thea et al v. Kleinhandler

MEMORANDUM OF LAW re: 54 Order,, in Response to the Court's July 11, 2014 Order. Document

41 Cited authorities

  1. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 868 times   1 Legal Analyses
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."

  2. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 291 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute

  3. Stuart v. American Cyanamid Company

    158 F.3d 622 (2d Cir. 1998)   Cited 265 times
    Discussing a Nebraska statute of repose forbidding product liability suits brought more than ten years after the product that allegedly caused injury was delivered to the end consumer

  4. Ferraro v. Camarlinghi

    161 Cal.App.4th 509 (Cal. Ct. App. 2008)   Cited 160 times
    Holding section 366.2 did not time-bar action alleging decedent violated agreement for the division of her estate properties and assets

  5. Portfolio Recovery v. King

    2010 N.Y. Slip Op. 3470 (N.Y. 2010)   Cited 147 times   2 Legal Analyses
    Holding that, where a claim has been assigned, a court should look to the residence of the assignor to determine the place of accrual for purposes of the borrowing statute

  6. In re Gaston Snow

    243 F.3d 599 (2d Cir. 2001)   Cited 185 times
    Holding that the forum state's choice-of-law rules apply in the absence of a strong federal interest

  7. Vincent v. Money Store

    915 F. Supp. 2d 553 (S.D.N.Y. 2013)   Cited 57 times   1 Legal Analyses
    Finding that the statute of limitations could not be tolled based on the pendency of a prior action in which the defendants were never added as parties

  8. Antone v. General Motors Corp.

    64 N.Y.2d 20 (N.Y. 1984)   Cited 121 times
    Holding that a personal injury plaintiff's residency for purposes of CPLR § 202 was determined at the time of the injury

  9. Norex Petroleum Ltd. v. Blavatnik

    2014 N.Y. Slip Op. 4802 (N.Y. 2014)   Cited 38 times
    In Norex Petroleum Ltd. v Blavatnik (23 NY3d 665, 678 [2014]), the New York Court of Appeals held that CPLR 205(a) applies, even if a foreign jurisdiction's statute of limitations is "borrowed."

  10. Embree v. Embreee

    125 Cal.App.4th 487 (Cal. Ct. App. 2004)   Cited 29 times
    Finding no evidence of misconduct by the beneficiaries, "or promises on their part that induced [the plaintiff's] forbearance to file suit" so as to preclude assertion of the statute of limitations on equitable estoppel grounds

  11. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,587 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  12. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,522 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  13. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 594 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  14. Section 366.3 - Action to enforce claim of distribution from decedent's estate or trust

    Cal. Code Civ. Proc. § 366.3   Cited 52 times   1 Legal Analyses
    Providing that "the limitations period that would have been applicable does not apply"

  15. Section 9353 - Claim rejected barred unless

    Cal. Prob. Code § 9353   Cited 27 times
    Requiring suit be timely filed after claim rejected

  16. Section 190B:3-803 - Limitations on presentation of claims

    Mass. Gen. Laws ch. 190B § 3-803   Cited 17 times
    Excepting MassHealth from one-year limitation on creditor claims