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Business Contracts General Partner for Golden Film Partners (a NY Partnership)
- Thread Starter fmenke
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fredrikklaw
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Not unless action is commenced!
No! When it comes to Contracts Law, there is no mechanism in place enabling a litigant to toll /stop the statute of limitation by way of a motion or a request and such; not in New York, or in any other of the 49 states in the Union, duration of which incidentally happens to be, 2 years for an implied (quasi) contract and 4 years for a written contract in all 50 states.
That said, there is a sure fire way to stop the statute of limitation from running in a contract dispute, which is available only to the Plaintiff and only by his commencing of the action for recovery of damages.
So, let's say that John materially breaches the written contract he entered in with David in June of 2010. David then commences legal action against John in May of 2012, just 30 days short of the expiration of the statute of limitation. But in December 2012, the judge dismisses the case for such and thus reason and without prejudice. This means that David still has 30 days from the date of the dismissal to re-file the complaint against John, even though technically, 2 ½ years have passed since the cause of action accrued in David in June of 2010.
fredrikklaw
No! When it comes to Contracts Law, there is no mechanism in place enabling a litigant to toll /stop the statute of limitation by way of a motion or a request and such; not in New York, or in any other of the 49 states in the Union, duration of which incidentally happens to be, 2 years for an implied (quasi) contract and 4 years for a written contract in all 50 states.
That said, there is a sure fire way to stop the statute of limitation from running in a contract dispute, which is available only to the Plaintiff and only by his commencing of the action for recovery of damages.
So, let's say that John materially breaches the written contract he entered in with David in June of 2010. David then commences legal action against John in May of 2012, just 30 days short of the expiration of the statute of limitation. But in December 2012, the judge dismisses the case for such and thus reason and without prejudice. This means that David still has 30 days from the date of the dismissal to re-file the complaint against John, even though technically, 2 ½ years have passed since the cause of action accrued in David in June of 2010.
fredrikklaw
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